always be used for residence, and when so used cannot as a rule be an independent residence but must be auxiliary to an apartment in the floor below. The number of stories in residential buildings is also restricted; in this zone it must not exceed five plus the roof story. In the inner city, also, the greatest proportion of the lot may be covered with buildings, three-quarters for corner lots five-sixths. Solid blocks, without break between the buildings, are permitted. The city here presents the appearance of being fully built up to a fairly uniform height. In the residential districts, situated in the various zones of the outer city, factories are so discouraged by severe bulk regulations as to be practically forbidden. In the manufacturing districts to be found for the most part along the railroads, the harbor, and out of the city in such direction that the prevailing winds will blow the smoke away from the city, the bulk restrictions are mild, and do not, as in the other districts, become progressively greater. In manufacturing districts residences, except in each case one, for the owner or an employee, are forbidden. The mixed districts are near the manufacturing districts, and there too, under restrictions somewhat more severe than in the manufacturing districts, are to be found structures devoted to most of the various industries. In the residential districts a space between neighboring houses of 3 meters in the inner zone, and a third more in the outer zone, is required. This is generally used for a broad walk with green grass bordering it on each side of the high fence that divides the two lots. Groups of buildings are, however, allowed with a somewhat less proportionate amount of free space for the group as a whole. In the villa district only low detached and semi-detached houses on large lots are allowed. In all these zones the amount of the lot that must be left free progresses until in the villa districts it is seven-tenths of the entire lot. So also the permissible height exclusive of the roof story and roof decreases to 16 meters, and the number of stories to two. In no case, however, may the house in this This is under an amendment of 1912. This prohibition exists in very few other ordinances. zone exceed in height, except for the roof story and roof, the width of the street upon which it stands. 9 Absence of Business Districts. It will be noticed that the Frankfort ordinance does not establish districts for business from which manufacturing is excluded, as the zoning ordinances in this country do; nor does it forbid business, as such, or even some forms of light manufacturing, in residential districts, as is done here, except by private covenants. These covenants in Frankfort cover considerable territory, and are often made a part of the public ordinance. The tendency to separate business and residence, so strong in England and this country, is much weaker on the continent of Europe, where, almost without exception, apartments are to be found over stores and offices. In Berlin there is not a single block where business has entirely driven out residences, and very few in Paris or Vienna. Nor could business and industry in Germany be completely excluded from any district by law. In Prussia, under ancient statutes, it is the duty of the police to protect the public health, order and safety; but they can promote the general welfare only by virtue of specific provisions of law. The Prussian courts have upheld ordinances segregating industries offensive by reason of the emission of odor, smoke, noise, etc.; and ordinances excluding from residential districts not only these industries, but all activities likely unduly to increase traffic or in any way to disturb the peace and quiet of such localities. Prussian courts have repeatedly held, however, that business and industry that was not objectionable on grounds such as these could not be excluded; 10 and this has always been the law in all the German states. In 1918, however, Prussia in her Housing Law 11 materially increased the power of her Except that on streets less than 9 meters wide, the height may always be 9 meters. 1 Decisions of the "Oberverwaltungsgericht" (or highest administrative court) of Prussia, Vol. 26, p. 323 (1894); 37, p. 401 (1900); 57, p. 461 (1910); and cases cited therein, an abstract of which opinions is given in the Report of the Heights of Buildings Commission, New York City, 1913, p. 110. See generally on Prussian Building Police Law, Baltz, Polizeirecht, 4th edition, 1910, Carl Heymann's Verlag, Berlin; also Meyn, "Stadterweiterungen in rechtlicher Beziehung," 1893. "Art. 4, sec. 1, no. 3. For a synopsis of the law as a whole see p. 466, ff. building police in use zoning by providing that "By building ordinances provision may be made for the selection and special regulation of particular parts of cities and towns, streets and squares, in which the erection only of residential structures with their accessories, or of industrial establishments with accessory buildings, is permitted." The Courts Sustain Zoning.-In 1902 zone ordinances, at that time the most radical in Germany, were issued for a part of the suburbs of Berlin. 12 It was with relation to a provision in these ordinances that in 1904 the first decision in Germany on the validity of bulk zoning was rendered by Prussia's highest administrative court, sustaining it as a health measure.13 After this decision removed all doubt as to the legality of bulk districting, the system soon began to be generally adopted in Prussia and throughout Germany. Later Zoning Regulations. Further experience in Germany soon led to the abandonment in most places of the attempt to regulate bulk by broad zones of increasing distance from the old city. Thus in Dresden and other cities where there were numerous centers of concentration and high land values, regulation, both by bulk and by use, is by districts, which are generally of small size so as more accurately to fit complex conditions; in Frankfort, still regulated by zones, certain streets, such as main traffic thoroughfares, running through more than one zone, were found to have characteristics which made it seem wise to pass special regulations for them, thus splitting up the zones; and in Stuttgart, Karlsruhe and other places, zones and districts were altogether abandoned in favor of the regulation by streets; or, to be more accurate, the street, single or in groups, was adopted as the sole unit in zoning. Partly, perhaps, in consequence of this evolution, bulk zoning in Germany is less frequently called zoning, but the more accurate and inclusive expression "graduated building regulation" is gener With regard to zoning in Berlin see B. Wehl, "Die Wirtschaftlichkeit der wichtigsten Bauklassen von Gross-Berlin," (Berlin, C. Heymann's Verlag, 1914); and Frank Backus Williams, "Building Regulation by Districts, the Lesson of Berlin, Publications of National Housing Association, No. 24, New York City, 1914. 13 Oberverwaltunsgericht, Vol. 26, p. 323 (1894). ally used.14 In some cities, however, zones, in fact and in name, are retained, and the newer differentiations added. Thus in Düsseldorf in addition to five zones covering the whole city, and rules for special streets, in many cases running through several zones, there are eleven classes of streets within one or other of the zones. These classes are in most cases created for various types of housing. The distinctions are often very minute. There are, for instance, two classes for one and two family houses in blocks, the one with and the other without rear buildings; two classes, similar in all respects to these, except that three family houses are also allowed; two classes, alike in all respects to those first mentioned except that in each case the houses must be detached, the required open spaces between the houses and the side line of the lots varying, however, in breadth; a class for the better sort of tenement houses in blocks, with not more than two families in each story; a class for tenement houses similar in all respects to the class first mentioned except that they are to be of cheaper and simpler construction, and suitable for not more than three families on any one floor, etc., etc. When it is remembered that the lots on which these class restrictions are imposed are widely scattered throughout the zones, and subject not only to class but to the various zone restrictions as well, it is not surprising that many city planners in Germany think the regulations there too detailed and intricate, and those which, as in Karlsruhe, adopt the street as the sole zoning unit, preferable. 15 "To graduated bulk differentiation has been added during the last fifteen years in Germany, in all the modern building ordinances, differentiation graded to accord with the various types of houses, for one and two families, for from three to six families (the so-called "Bürgerhaus") and for more than six families (the large tenement house); the requirements lessening with the decrease in the number of families the house is to accommodate. "The construction of tall buildings has been suggested of late in a number of European countries, uniform as yet, without success. For information with regard to the movement in Germany the curious reader is referred to: A. Bredtschneider, Die gross Berliner Bauordnungen, ihre Bauweisen und ihr Geltungsbereich, Berlin, C. Heymann's Verlag, 1919; B. Möhring, Ueber die Vorzüge der Turmhäuser und die Voraussetzungen unter denen sie in Berlin gebaut werden können, Berlin, Zirkel-Verlag, 1921; P. Wittig, Studie uber die ausnahmsweise Zulassung von Turmhäusern in Berlin, Berlin, 1918, im Selbstverlag; and an article in the 1921 Deutsche Bauzeitung, p. 388, entitled Der Uebergang zum Hochbau. Zoning in England.-In England zoning was introduced in 1909 when the first town planning act in that country was passed. Under it areas are chosen for planning and a special scheme drawn up for each area. It is as a part of such schemes that zoning both by bulk and by use, is done. 16 This method of planning has the advantage of selecting areas for development which are most in need of it, such as vacant land near cities; and the disadvantage that as a rule only portions of cities are planned instead of cities as a whole. Zoning as a part of this system shares its drawbacks and advantages, including the advantage, largely lacking in other countries, of the close association of the planning of the public features of the community and zoning or the planning of the private features. 17-18 Note D No. 1. HOUSING IN GERMAN CITIES In 1910 the German Imperial Statistical office issued, in its series of Workmen's Statistics, a volume entitled Housing in German Cities. The relation between city planning and housing is a close one. This is especially true of zoning and housing. In order, therefore, to understand zoning in Germany it is especially necessary to get some idea of her housing legislation. This volume, giving as it does a summary of the legislation and ordinances as they existed in both these fields in 1909, affords an excellent means to that end. The information used in the book was obtained from 106 cities, including all cities and city states (like Bremen and Hamburg) that, according to the census of December 1, 1905, had more than 50,000 inhabitants; and also a number of cities that, in relation to housing, were of special interest. The following passages, taken from the preface, show the purpose and scope of the work: "The first division of this work treats of the legal side of housing. It gives the substance, selected from certain special points of view, of the regulations in force in these cities; the building regulations; 1" It is not, however, called zoning, but is described in the various schemes under the act and the laws dealing with them, by such expressions as "allocating particular sites for particular sorts of buildings," "limiting the number of dwelling houses to the acre," etc. 11-18 Beiträge zur Arbeiterstatistik, No. 11; Wohnungsfürsorge in Deutschen Staedten; Bearbeitet im Kaiserlichen Statistischen Amte, Abteilung für Arbeiterstatistik, Berlin, Carl Heymann's Verlag, 1910. |