Chapter 92. To regulate the height, area, and use of buildings in the District of Columbia and to create a Zoning Commission, and for other purposes
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CHAP. 92.— An Act To regulate the height, area, and use of buildings in the District of Columbia and to create a Zoning Commission, and for other purposes. March 1, 1920. [[H. R. 6863](/us/bill/66/hr/6863).] [[Public, No. 153](/us/pl/66/153).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * District of Columbia.Zoning Commission created. That to protect the public health, secure the public safety, and to protect property in the District of Columbia there is hereby created a Zoning Commission, Membership.which shall consist of the Commissioners of the District of Columbia, the officer in charge of public buildings and grounds of the District of Columbia, and the Superintendent of the United States Capitol Building and Grounds, which said commission shall have all the powers and perform all the duties hereinafter specified and shall serve Assignment of employees.without additional compensation.
Such employees of the government of the District of Columbia as may be necessary to carry out the purposes of this Act shall be assigned to such duty by the Commissioners of the District of Columbia without additional compensation. Authorization for expenses.*Post*, p. 590.There is hereby authorized for the expenses of said commission, including the employment of expert services and all incidental and contingent expenses, a sum not to exceed $5,000, payable one-half out of any money in the United States Treasury not otherwise appropriatedHalf from District revenues.*Post*, p. 837. and the other half out of the revenues of the District of Columbia.
Sec. 2. Height, area, and use districts to be established. That within six months after the passage of this Act and after public notice and hearing as hereinafter provided, the said commission shall divide the District of Columbia into certain districts, to Building regulations for.be known, respectively, as height, area, and use districts, and shall adopt regulations specifying the height and area of buildings thereafter to be erected or altered therein and the purposes for which *Provisos*.Variations.buildings and premises therein may be used: *Provided*, That such Maximum heights.Vol. 36, p. 452;
Vol. 37, p. 114.regulations may differ hi the various districts: *Provided further*, That the permissible height of buildings in any district shall not exceed the maximum height of building now authorized upon any street in any part of that district by the Act of Congress approved June 1, 1910, and amendments thereto, regulating the height of Public bearings before establishing districts, etc.buildings in the District of Columbia: *And provided further*, That no such districts shall be established, nor shall any regulations therefor be adopted, nor shall the height, area, or use of buildings to be erected therein be prescribed until said commission has afforded persons interested an opportunity to be heard at a public hearing as Accessories permitted in residence districts.hereinafter provided: *And provided further*, That in residence districts the usual accessories of a residence located on the same lot including the office of a physician, dentist, or other person, and including a private garage containing space for not more than four automobiles, shall not be prohibited.
Sec. 3. Advertisement of hearings. That wherever, under the provision of this Act, it is required that a public hearing shall be held, notice of the time and place of such hearing shall be published for not less than ten consecutive days in one or more newspapers of general circulation printed and published in the District of Columbia; and such public nearing *Proviso*.Adjourned meetings.may be adjourned from time to time: *Provided*, That if the time and place of the adjourned meeting is publicly announced when the adjournment is had, no further notice of such adjourned meeting need be published.
Sec. 4. Establishment of districts. That after the public hearings herein provided for shall have been concluded, said commission shall definitely determine the Height, etc., of buildings in, to be specified.number and boundaries of the districts which it is hereby authorized and directed to establish, and shall specify the height and area of the buildings which may thereafter be erected therein, and shall prescribe the purposes for which such buildings thereafter erected may or may Changes restricted.not be used.
Said districts so established shall not be changed except on order of said commission after public hearing. Said commission 501may initiate such changes, or they may be initiated upon the petition of the owners affected. Where the proposed change is to add a contiguous area to a use, height, or area district, the owners of at least 50 per centum of the street frontage proposed to be changed must join in the petition: *Provided*, That if the frontage proposed to be*Proviso*.Petition of owners required. changed is not a contiguous area, the owners of at least 50 per centum of a frontage within the area not less than three blocks in length must join in such petition before it may be considered by said commission.Action on changes.
No such change shall be made, either by said commission on its own motion or upon such petition, except with the unanimous vote of said commission, if the owners of at least 20 per centum of the frontage proposed to be changed protest against such change. Sec. 5. That said commission is authorized and empowered toOrders and regulations authorized. make such orders and adopt such regulations not inconsistent with law as may be necessary to accomplish the purposes and carry into effect the provisions of this Act: *Provided*, That no order or regulation*Provisos*.Construction allowed if permit issued when orders promulgated. so adopted shall require any change in the plans, construction, or designated use of
(a)a building for which a permit shall have been issued, or plans for which shall be on file with the inspector of buildings of the District of Columbia at the time the orders or regulations authorized under this Act are promulgated; or
(b)a permit for theWithin thirty days after promulgation, etc. erection of which shall be issued within thirty days after promulgation of the orders or regulations authorized or adopted under this Act and the construction of which in either of the above cases shallConditions. have been diligently prosecuted within a year from the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within said year, and which entire building shall be completed according to such plans within two years of the date of the promulgation of such orders or regulations; or
(c)prevent the restoration of a building partiallyRestoration of buildings partially destroyed by fire, etc. destroyed by fire, explosion, act of God or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such partial destruction, or prevent a change of such existing use except under the limitations provided herein in relation to existing buildings and premises: *Provided further*,Restriction as to frame buildings. That no frame building that has been damaged by fire or otherwise more than one-half of its original value shall be restored within the fire limits as provided by the building regulations of the District of Columbia; or
(d)prevent the restoration of a wall declared unsafe by the inspector of buildings of the District or by a board ofRestoration of unsafe walls. survey appointed in accordance with any existing law or regulation. Sec. 6. That any lawful use of a building or premises existing atExisting use of building may be continued. the time of the adoption of orders and regulations made under the authority of this Act may be continued, although such use does not conform with the provisions hereof or with the provisions of such orders and regulations; and such use may be extended throughoutConditions. the building, provided no structural alteration, except those required by law or regulation, is made therein and no new building is erected. Where the boundary line of any use district divides a lot in a singleLots located in adjoining use districts. ownership at the time of the adoption of orders and regulations under the authority of this Act, the commission may permit a use authorized on either portion of such lot to extend to the entire lot, but not more than twenty-five feet beyond the boundary line of the use district. Sec. 7. That maps of the districts established by said commissionMaps, orders, etc., of commission to be Hied. and copies of all orders and regulations as to the height and area of buildings to be erected therein and as to the uses to which such buildings may be lawfully devoted, and copies of all other official orders and regulations of the commission shall be filed in the office of the Engineer Commissioner of the District of Columbia. Copies of allPublication of orders, etc. orders and regulations shall be published in one or more newspapers printed in the District of Columbia for the information of all concerned. 502 Sec. 8. Certificate of occupancy required for use of buildings, etc. That it shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, or converted wholly or partly in its use or structure until a certificate of occupancy shall have been issued by authority of said zoning commission. Sec. 9. Buildings violating orders, etc., declared nuisances. That buildings erected, altered, or raised, or converted in violation of any of the provisions of this Act or the orders and regulations made under the authority thereof are hereby declared to be Penalty for maintaining.common nuisances; and the owner or person in charge of or maintaining any such buildings, upon conviction on information filed in the police court of the District of Columbia by the corporation counsel or any of his assistants in the name of said District, and which court is hereby authorized to hear and determine such cases, shall be adjudged guilty of maintaining a common nuisance, and shall be punished by a fine of not more than $100 per day for each and every day such nuisance shall be permitted to continue, and shall be required Injunction proceedings.by said court to abate such nuisance. The corporation counsel of the District of Columbia may maintain an action in the Supreme Court of the District of Columbia in the name of the District of Columbia to abate and perpetually enjoin such nuisance. Sec. 10. Enforcement by District Commissioners. That the Commissioners of the District of Columbia shall enforce the provisions of this Act and the orders and regulations adopted by said Zoning Commission under the authority thereof, and nothing herein contained shall be construed to limit the authority of the Commissioners of the District of Columbia to make municipal *Provisos*.Conditions.regulations as heretofore: *Provided*, That such regulations are not inconsistent with the provisions of this law and the orders and regulations made thereunder. In interpreting and applying the provisions of this Act and of the orders and regulations made thereunder they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. This Act shall not abrogate or annul any easements, covenants, or other agreements between parties: *Provided, however*,Future construction, etc., subject to restrictions under this Act. That as to all future building construction or use of premises where this Act or any orders or regulations adopted under the authority thereof impose a greater restriction upon the use of buildings or premises or upon height of building, or requires larger open spaces than are imposed or required by existing law, regulations, or permits, or by such easements, covenants, or agreements, the provisions of this Act and of the orders and regulations made thereunder shall control. Sec. 11. Inconsistent laws repealed. That all laws or parts of laws and regulations in conflict with the provisions of this Act are hereby repealed. Approved, March 1, 1920.