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Definitions: are generally a source of danger. They give to words a restricted meaning. No difficulty will be found with the operation of the act because of the absence of such definitions.

8. Validity of one section affecting other sections.-Some States have included in the enabling act a declaration to the effect that the finding void or unconstitutional by the courts of one section or provision shall not affect the rest of the act. This is so well accepted a principle of legal interpretation that it seems unnecessary to include it in the act. If any State desires to have it included, it can be added without danger.

9. No declaration that act is not retroactive.-Some laws contain a provision to the effect that "the powers by this act conferred shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted." While the almost universal practice is to make zoning ordinances nonretroactive, it is recognized that there may arise local conditions of a peculiar character that make it necessary and desirable to deal with some isolated case by means of a retroactive provision affecting that case only. For this reason it does not seem wise to debar the local legislative body from dealing with such a situation.

10. The repeal clause.-No repeal clause has been included in the act for the reason that the method of phrasing such a clause will vary in nearly every State. The local legislative custom as to repeal clauses should be followed.

11. Date of taking effect.-For similar reasons the act does not include any provision as to the date on which it will take effect. Here also the local legislative custom should be followed.

12. Typical ordinances or local regulations.-The department has made a careful study of the use, height, and area regulations embodied in 16 typical zoning ordinances, together with notes on the trend of certain newer ordinances. Single copies of this bulletin are available by application to the division of building and housing, Department of Commerce, Washington, D. C.

13. Interim ordinances.-After the local legislative authorities have the power to zone, they are nearly always pressed to bring immediate protection to certain threatened localities. Sometimes the authorities frame an ordinance to cover a few blocks, or only a part of the city; this is called piecemeal zoning. Its adoption is inadvisable and may lead to much litigation. Interim zoning, although undesirable, is not as objectionable as piecemeal zoning. Interim zoning, at least, has the advantage of applying to the whole city. For instance, an ordinance providing that wherever threefourths of the houses in a block are residential then no new business structure or factory can be built in that block is an illustration of

interim zoning. The reason it is objectionable is because it is too general, not sufficiently adapted to the particular need of each street, and therefore likely to be arbitrary in many cases. In such case, if a new house is built or an old one destroyed, the legal protection of the district may be altered. In this sense the district is a "traveling zone." As such, a district has no stability, and as the police power may be differently applied according to the acts of property owners it is not looked upon with favor by the courts. To prevent this the words "at the time of the passage of this ordinance" should be inserted. If it is deemed necessary to prohibit a nonconforming building because of the consents or protests of the property owners, the ordinance should always be phrased so as to prohibit the nonconforming use, unless the desired majority files written consents with the officials. In other words, a provision which conditions the permission to have a nonconforming use upon the consents of a majority of the property owners is void. If at all possible, the first zoning ordinance should be comprehensive.

14. Note to revised edition, 1926.-A standard State zoning enabling act under which municipalities may adopt zoning regulations was first issued in mimeographed form in August, 1922. A revised edition was made public in the same form in January, 1923, and the first printed edition in May, 1924. In this second printed edition note 15a has been added to cover the needs of cases where it is found desirable to control the development of areas adjacent to the city limits; and section 8, dealing with enforcement and remedies, has been revised in order to give the municipality more effective means of obtaining conformance to the zoning ordinance.

The circulation of the standard act has not been confined to those directly interested in drafting State zoning legislation. Calls for it have been received from persons in all sections of the country who have desired to use it on account of its general bearing on the legal and social aspects of zoning. More than 55,000 copies of the first printed edition have been sold by the Superintendent of Documents.

A STANDARD STATE ZONING ENABLING ACT

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SECTION 1. GRANT OF POWER.-For the purpose of promoting health, safety, morals, or 2 the general welfare of the community, the legislative body of cities and incorporated villages is hereby empowered to regulate and restrict the height, number of stories,"

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1" health": It is to be noted that the word used is "health," not "public health," for the latter narrows the application. There are some things that relate to the health only of the people living in a given dwelling, such, for instance, as the size of yards, and have only a remote relation to public health. If the term public health were used, the act might be set aside in a given case where it would be possible to show that the particular provision in which legal action was being taken did not concern itself with the public health but only with health.

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"or": It should be noted that the word used is or and not the word "and." If the latter word were used, then it might be necessary to show to the satisfaction of the court that all four of the purposes mentioned were involved in a given case, viz, health, safety, morals, and general welfare. The use of the word or limits the application to any one of the four instead of to all of them.

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general welfare": The main pillars on which the police power rests are these four, viz, health, safety, morals, and general welfare. It is wise, therefore, to limit the purposes of this enactment to these four. There may be danger in adding others, as prosperity," "comfort," convenience," "order," 'growth of the city," etc., and nothing is to be gained thereby.

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4.66 legislative body": This term is sufficiently understood to include all forms of government, including commission and city manager, as well as the older forms of government. Whatever form of government exists, there must be some local body performing legislative functions.

5" cities and incorporated villages": This phrase includes those municipalities which ordinarily will find it advantageous to be given zoning powers. In some States, where different forms of governmental provisions exist, it will be necessary to add those municipalities to the term "cities and incorporated villages"; in other States the word "town" or borough will probably need to be added. The term "cities and incorporated villages," however, will cover the normal situation.

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regulate and restrict": This phrase is considered sufficiently all-embracing. Nothing will be gained by adding such terms as exclude," "segregate," "limit," "determine."

"number of stories": It is thought wise to add this to the term "height," as courts may construe this expression narrowly, as limited to a given number of feet only, and may hold that this does not give the power to limit the number of stories, provided the building in question came within the limitation of the number of feet imposed by the ordinance. It is obvious that the power to restrict the number of stories should be granted.

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and size of buildings and other structures," the percentage of lot 10 that may be occupied, the size of yards, courts, and other open spaces,11 the density of population,12 and the location and use 13 of buildings, structures, and land for trade, industry, residence, or other purposes.14, 15, 15a

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"size of buildings The term "size" is a better expression to use than "bulk" or area," for the reason that both "bulk" and area imply, to some extent, a regularity of outline that may not be involved in all cases, whereas "size" is sufficiently all-inclusive to cover all contingencies.

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""other structures": This phrase would include other structures which possibly might not be defined as 'buildings," such as open sheds, billboards, fences, spite fences, etc., none of which can be strictly considered as "buildings," as commonly understood.

10 66 percentage of lot": This is a better method of expression than granting the power to limit "the area of the building," as has been done in some laws, for the latter expression does not imply a variation of the fraction of the lot built upon.

""other open spaces": This is a catch-all expression and is necessary in view of the fact that "yards" and "courts are not defined in the act.

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1" density of population": The power to regulate density of population is comparatively new in zoning practice. It is, however, highly desirable. Many different methods may be employed. For this reason the phrase 'density of population is a better phrase to use than one giving the power to "limit the number of people to the acre," as this is only one method of limiting density of population. It may be more desirable to limit the number of families to the acre or the number of families to a given house, etc. The expression number of people to the acre" is therefore more limited in its meaning and describes only one way of reducing congestion of population, while the phrase "limiting density of population" is all-embracing. It is believed that, with proper restrictions, this provision will make possible the creation of one-family residence districts.

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use" This term is broad enough to include all meanings desired. ""other purposes": This is a catch-all phrase. It will include every use. 15Although the power to require open spaces allows the fixing of setback building lines, some recent acts contain a specific grant of that power. The establishment of setback lines is somewhat novel in zoning practice but is beginning to be employed. As it is in the minds of some people of doubtful legality and has not as yet been sustained by the courts, this power has not been included here. If it should be desired to grant such power, it can readily be done by adding at the end of this section the following words: and may also establish setback building lines."

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15a Some communities find it desirable to control the development of areas adjacent to the city's limits-which, in many cases, are ultimately to become a part of that city. Where it is desired to control those "fringes of cities," the legislature may grant such power to any community. Where this power is desired, strike out the period after the word "purposes" at the end of section 1 and add the following: "within the boundaries of such city or village; and, in the case of cities having a population of 25,000 or over, also within that nonmunicipal territory immediately adjacent and contiguous to the boundaries of such city and extending for the radial distance of 5 miles beyond such boundaries in all directions." Caution should be given, however, that this effort 4359°-26- -2

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U. S. DEPARTMENT OF COMMERCE

SEC. 2. DISTRICTS.-For any or all of said purposes the local legislative body may divide the municipality 16 into districts of such number, shape,1 and area as may be deemed best suited to carry out the purposes of this act; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use 18 of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district,19 but the regulations in one district may differ 20 from those in other districts.

SEC. 3. PURPOSES IN VIEW.21-Such regulations shall be made in accordance with a comprehensive plan 22 and designed 23 to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other pub

by one community to control the development of some other community will often give rise to political and practical difficulties. It is for this reason that this provision is not included in the text of the act but appended as a note, to be used by those who desire it. This question will ultimately have to be dealt with, however, in most cases, by a process of regional planning.

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municipality": This term is sufficiently broad to include cities, towns, villages, boroughs, or whatever governmental unit may be involved.

17 66 shape": This permits districts of irregular outline, something that is quite necessary.

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reconstruction, alteration, repair, or use": All of these words are thought necessary, so as to allow no loophole for evasion of the law.

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uniform for each class or kind of buildings throughout each district": This is important, not so much for legal reasons as because it gives notice to property owners that there shall be no improper discriminations, but that all in the same class shall be treated alike.

20 66 may differ": This is the essence of zoning, and without this express authority from the legislature to make different regulations in different districts zoning might be of doubtful validity.

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Purposes in view": This section should be clearly differentiated from the statement of purpose (under the police power) contained in the first sentence of section 1. That defined and limited the powers created by the legislature to the municipality under the police power. This section contains practically a direction from the legislative body as to the purposes in view in establishing a zoning ordinance and the manner in which the work of preparing such an ordinance shall be done. It may be said, in brief, to constitute the "atmosphere" under which the zoning is to be done.

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with a comprehensive plan": This will prevent haphazard or piecemeal zoning. No zoning should be done without such a comprehensive study. 23" and designed ": This is the statement of direction given by the legislature referred to in note 21. It has purposely been made to include many purposes. There are not the same dangers involved here that there are in adding to the statement of purposes under the police power, as set forth in the first sentence of section 1.