Evening star., 1937-02-21
z0N|NG LAW HELD
ITO Be ANT|QUATED
Allen Fisher of Connecticut
Avenue Group Points Out
16-Year Inertia.

10. CdI lIlcTllds
The zoning law is in state Of in
ertia and amendatory legislation to
revive it is needed, according to Allen
Fisher, secretary of the Connec ticut
Avenue Citizens Association and men,
ber of the local bar association.
He recommends elimination of con-
sent provisions, elimination of the Sec
tion which provides that unanimous
vote of the Zoning Commission is
needed to change zone when the
owners of 20 per cent of the frontage
affected protest such change and the
publication of findings of fact.
"These changes would by no means
establish the entire act as model to
be followed" he maintains, but they
would, at least. make the act more
equitable in operation that it Is at
present"
Article Is Published.
In an article published in the Janu-
ary issue of the journalsof the District
Bar Association, Fisher points out that
the coming act has undergone no sub
stantial change during the past I6
years, despite unusual real estate de-
= velopment. population trends and
progress in zoning practice in other
cites. "A zoning act may cause nu-
merous individual hardships, because
of its important relation to the effect
upon private property rights, unless
early advantage is taken to adjust
legislation to the city's accumulated
experience and its growing needs. The
time is ripe for another forward move
ment IN coming, especially since the
zoning act of one of the cities after
which the local law was patterned
New York City-has itself become the
; target for severe public criticism there.
Although the Zoning Commission
has removed the consent provisions
from the zoning regulations, they have
not been removed from the coming act
because the commission has no power
to do so, Fisher points out Instead of
having petitioner file his applica-
tion after having obtained the consent
OF a certain percentage of property
owners within certain radius, he sug-
gests that the commission permit the
petitioner to file an application with
out first having obtained consents;
compel the petitioner to file a certifl-
cate under oath that he has notified
all property owners within a certain
distance, and provide the usual 10
day notice as to the time and place of
public hearing.
Advantages Pointed Out.
The advantages claimed for this
method are that the property owner
would not be obligated to combat un-
fair conditions often encountered in
obtaining signatures, and the interest
ed property owners all would be noti-
fled. The commission would make the
decision after hearing all testimony
at a public hearing. Under the pres
ent law, capricious or arbitrary be-
havior of some property owners may
prevent the property owner from even
being heard, Fisher claims A petit
toner sometimes faces racial or re-
1glous factors in obtaining consents,
and many owners fail to sign because
they are disinterested. There even
have been cases when signatures have
been purchased.
In short" Fisher says, there are
relatively few cases where property
owners take purely civic point of
view concerning petitioners request,
excluding those who admittedly might
be hurt"
AS reason for removing the pro-
test provision, Fisher points out that
one person, who may own 20 per cent
OF property affected, can block a zon-
ing change. The constitutional valid
tty OF this provision has been raised
under the equal rights clause of the
fourteenth amendment, but the court
declined to rule on this point be-
cause of technicality.
Fisher cites case, heard in 1928,
which Is broad enough in its implica-
lions as to the unconstitutionality of
the delegation Of a municipal body's
exercise of discretion to private prop
erty owners to cover a case involving
q 20 per cent frontage protest clause.
Influence Is Cited.
The strong influence which coming
has upon property values alone would
seem to Justify a requirement of pub
l1shed reasons for decisions. Fisher
says in defense of his proposal that
fact finding be made public CAL
though the zoning Commission acts
In a legislative capacity, it is essen
TALLY an administrative agency, and a
requirement of published findings of
fact would appear to be an appropri-
ate exercise of its duties"
When petition is denied, the petit
tioner usually has no satisfactory idea
of the reasons for rejection, and is,
therefore, led to try to find the answer
through personal inquiry of members
OF the. commission or of its staff,
Fisher states. Failing in this, he
usually engages in an annual guessing
contest with the commission, and
makes essentially the same errors In
presentation Of evidence
This process ought not to be nee
essary." Fisher concludes. Findings
of fact assist judicial review, and avoid
the suspicion that careful considera-
tion Of the case had not been given,