zoning, in a measure at least attainable, is to put the land of the city to the use to which it is best adapted; and such zoning will normally increase total values. Normally, too, this will be accomplished, so far as humanly and politically possible, by devoting the land of each individual owner to its best use, thus increasing values to him. Often, also, as has already been pointed out, use zoning prevents waste, to the benefit of the community and the individual property owners. Inevitably, also, any reasonable limitation on the height and area of buildings will increase total land values. The demand for land for a twelve-story building of given ground area is only half that of two buildings each of the same ground area and each six stories in height, the cost of the two six-story buildings and of the twelve-story structure would be about the same; and if the six-story limitation is the right one for the locality, the two buildings would be more useful and profitable than the single, taller structure. Similar considerations show the result of similar area restrictions to be the same as in the case of height regulation.

In a word, zoning, by its bulk and use prohibitions, does not prevent the construction of buildings, or lessen their value or amount, but merely regulates their location; and, if wisely done, increases their usefulness. Inevitably, therefore, such zoning, except in so far as property considerations are sacrificed to more important social demands, increases individual and aggregate money values and returns. These conclusions are in accord with experience, both abroad and in this country.

CHAPTER II

ZONING IN EUROPE

Origin of Zoning.-Zoning, although in germ French,1 was first developed in Germany, and it is in that country that it has been most widely employed. The system, embracing both use and bulk zoning, began to come into general use in Germany about 1894; and, like workmen's compensation and so many other social measures, soon spread to other lands. It is now to be found, in one form or another, in the principal countries of Europe excepting France, in England and other

'Use zoning was the first to appear. The earliest statement of this phase of the theory seems to have been a resolution of the German Architectural and Engineering Societies, Richard Baumeister and Franz Adickes, referees, at a meeting held in Berlin, September 24, 1874; see the "Deutsche Bauzeitung" for 1874, p. 265-337; an article on "Stadterweiterungen" by Adickes in the first edition of Conrad's "Handwörterbuch der Staatswissenschaften" (Jena, 1893), Vol. 5, p. 847 (1893) and Baumeister's book, referred to below. The first careful formulation of the theory of use zoning was by Baumeister in his book entitled "Stadterweiterungen in technischer, baupolizeilicher und wirtschaftlicher Beziehung" (published by Ernst and Sons, Berlin, 1876). In that book, p. 84 ff, he traces use zoning back to the decree of Napoleon I, issued October 15, 1810, while Protector of the Confederation of the Rhine, to be found in the (French) Bulletin des lois for 1810 (second half year), p. 397, being No. 6059.

This decree provides that establishments which disseminate an unhealthy or unpleasant odor shall be erected only on administrative license. It divides such establishments into three classes of which the first shall not be erected near a human habitation, their exact location and distance from residences to be fixed by the administrative authorities. This decree formed the basis of the Prussian law (Allgemeine Gewerbeordnung, passed January 17, 1845, Gesetz Sammlung, 1845, Nr. 2541) on this subject, and this law was in substance followed by the North German Confederation in its industrial law or "Gewerbeordnung" of June 21, 1869, Bundes-Ges. Bl., 1869, Nr. 312, which was the foundation for the provisions of the law of the German Empire on the same subject, the wellknown "Reichsgewerbeordnung." It was under this law, administered by the state authorities, that the so-called "protected district" to be discussed later, which is the simplest and earliest form of use zoning sprang See generally an article on "Gewerbliche Anlagen," Vol. 2 of the Wörterbuch des deutschen Staats-und l'erwaltungsrechts, p. 248.

up.

parts of the British Empire, including Canada, and in this country, where it is making rapid progress. Recently it has also spread to Japan.

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Use Zoning First to Appear.-The earliest form of zoning to appear in Germany was a simple form of use zoning. In the legislation of some of the German states, and later in the laws of the German Empire, there was provision for the keeping of more objectionable manufacturing establishments at a distance from residences. Under the Empire the right to take this action was derived from the Imperial "Industrial Law" by some of the provisions of which such establishments were required to obtain a special license from the state or local authorities, often granted subject to conditions. Out of this system grew the practice of establishing one or more "protected districts" in which such establishments were not permitted, and therefore residences and business were secure from the intrusion of most if not all heavy manufacturing and similar annoyances. This system of laying out protected districts, which often consist of most, if not all, the city except one or more carefully chosen sections, thus constituting the manufacturing districts of the city, is a part of the zoning plan of many German cities to this day; and, in many smaller communities, one protected district is found to be sufficient zoning provision without the enactment of any other zoning regulations, either of bulk or of use.

The Beginnings of Bulk Zoning.—Bulk zoning was first resorted to in Germany as a method of planning additions to cities. The protected district, by segregating heavy manufac_tures and other structures each in its own appropriate part of the city, tended to prevent disorder in the city. Disorder, however, was by no means the only evil in city growth. In the 'See page 210, note above.

'The Imperial law does not prevent the state from making similar regulations with regard to industrial establishments which are objectionable, and which are not included within the Imperial law; for decisions to that effect see the reports of the highest Prussian administrative court or Oberverwaltungsgericht, Vol. 10, p. 260, Vol. 11, p. 307, Vol. 14, p. 323, Vol. 18, p. 302, Vol. 23, p. 268. It is mainly on the basis of these state regulations, more numerous and far-reaching than those of the Imperial law, that use zoning has developed to its present extent in Germany.

old city the height and area of buildings had been regulated for generations by rules which were the same throughout the limits of the city; and under these regulations cities had grown uniformly congested. In the early seventies cities in Germany, as in all modern countries, were growing enormously, and the additions, under the same regulations as those of the old city, were becoming equally congested. The new land, unimproved and comparatively cheap in price, afforded the last opportunity for all time of ameliorating to any considerable extent the condition of German cities; and the only way of utilizing this unique opportunity was to pass building regulations especially adapted to the new city, which existing developments and existing land prices made impossible in the old. Thus bulk zoning at first consisted of two sets of regulations, one for the old city or city proper, the other for the new city or city suburbs; and to this day in many smaller cities in Germany these two bulk districts, with or without one or more protected districts, are found to be sufficient; and, being sufficient, are better for them than any more complicated system.

Bulk Zoning at First Simple.-The first city to adopt a bulk zoning building ordinance was Altona, a suburb of Hamburg. It was passed in 1884, while the well known Franz Adickes, later in Frankfort, was its Bürgermeister or mayor, and was of the simple sort above described.

Development of Bulk Zoning.-In the larger cities bulk zoning in its first simple form was found to be inadequate. The price of land, instead of changing once and for all at the boundary of the city, varies throughout the city and its suburbs on account of varying distance from the city center and for many other reasons; and in order to take full advantage of these districts of ever cheaper land, regulations adapted to each of them and thus growing more restrictive as land prices decrease, must be resorted to. This system of bulk regulation was at first called the Zone System, but is now known as "graduated building regulation." With the various residential and industrial use districts subject to the bulk regula

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"Abgestufte" or "Staffel." The term "zoning" was never applied in Germany to graduated use regulation as it is in this country.

tions of the zone in which they are situated, it was first applied in Frankfort-on-the-Main in 1891 and perfected there within the next twenty years, under the guidance and inspiration of Adickes, who had become its mayor."

Zoning in Frankfort.-Frankfort is divided into an old or inner city, and an outer city. The inner city is the first bulk zone. The outer city is divided into an inner, an outer, and a country zone. In the inner city, already closely built with structures devoted to all kinds of uses, no use districting was attempted and the erection of all sorts of buildings except certain nuisances is permitted. In the zones of the outer city there are residential, manufacturing and mixed use districts, subject to the bulk restrictions of the zone in which they are situated.

In the inner city the highest buildings are allowed. They must not exceed the width of the street plus 2 meters, or in any case, however wide the street, 20 meters; on streets less than 9 meters wide, a height of 11 meters is in all cases permitted." This is to the cornice; the roof above this is restricted by an angle of 45 degrees. The roof is more than a mere roof; although not technically so regarded, it is nevertheless in fact a roof story, in which there are rooms, which, however, may not

With exceptions in the case of heavy manufacturing; see pp. 242, 243. It will be noted that the boundaries of height, area, and use restrictions are as universally except in this country-the same.

For an authoritative statement of the zone system in this form, see an article by Adickes entitled "Stadterweiterungen" in Conrad's Handwörterbuch der Staatswissenschaften (1st ed., Jena, 1893), Vol. 5, p. 847, already referred to; and the somewhat different article in the 3rd edition, 1911, Vol. VII, p. 780. In the above articles, as always, Adickes cites copiously from English housing experience in support of his positions. In his article he refers to a report of the German Health Society, drawn up by Baumeister and himself, and passed May 25, 1893, as apparently an early, if not the earliest complete formulation of the zone system in print. For a brief statement of this phase of zoning see R. Baumeister Moderne Stadterweiterungen being No. 7 of Deutsche Zeit und Streit Fragen (published by Richter, Hamburg, 1887).

In the development of bulk zoning, a number of writers give credit to Austro-Hungary; see, for instance, "Wohnungsverhältnisse, Bauordnung und Grundstückspolitik der Stadt Cöln" by Dr. Edmund Wirtz, III, printed by the Schutzverband für Deutschen Grundbesitz, Berlin, 1914, p. 19. For an account in English, of the development of zoning in Germany, see the Report of the Heights of Buildings Commission to the Board of Estimate and Apportionment, New York City, Dec. 23, 1913, Appendix III, p. 94.

Street width plus three meters is sometimes allowed if the extra height is not used to construct an extra story.