ZONING OF THE CAPITAL
Our first President, by proclamation of October 17, 1791 (illustrated
on page 21), established a height restriction of 40 feet on buildings
in the new Capital. Although not a regulation by zones, it might have
been the beginning of a zoning policy if the growth of the Capital had
been foreseen. However, the restriction was suspended under President
Monroe in 1822, and it was not until 1910 that a comprehensive height
regulation became effective. The act of 1910 established height limits,
depending upon the width of adjacent streets.
The first zoning ordinance for an American city was adopted by New York
City in 1916. The World War held the problem of zoning our cities in
abeyance. Washington was zoned by the act of 1920. Since then fully
1,500 towns and cities throughout the United States, ranging from
5,000 to 6,000,000 (New York City) in population, have adopted zoning
ordinances.
Zoning not only controls the use and development of land but also
regulates the height and bulk of buildings, the open spaces which
must be provided for light and ventilation, and the density and
distribution of population. It is a legislative function under the
police power. The usual procedure in establishing zoning control in
our cities has been to pass an ordinance under the authority of the
State Zoning Enabling Act, dividing the city into use, height, and
area districts, throughout each of which the governing regulations are
the same. Separate districts are provided for residence, business, and
industry. Thus business and industry are excluded from the residence
districts. There may or may not be separate districts provided for
light and heavy industry, or for local business and general business.
The residence district is usually subdivided according to types of
dwellings into areas for single-family dwellings, two-family dwellings,
multiple-family dwellings, or apartment houses. Multiple-family
dwellings are usually excluded from the single-family areas. This
practice has received the hearty approval of home owners. Undeveloped
land in suburban sections is usually placed in the residence district
and restricted to single-family use. If conditions warrant, and there
is no opposition from the owners, it may later be rezoned for more
profitable multiple-family or business use.
ARCHITECTURAL STANDARDS ABSENT
The zoning ordinance has not attempted to regulate buildings, except as
to height and size, nor set any standard of architectural fitness to
the surroundings. If it had attempted any such thing, it could never
have become a law. Only in recent years have citizens begun to think
that attractiveness may add a cash value to houses, or that insistence
on beauty is becoming in a democracy.
The Shipstead-Luce Act, adopted May 16, 1930, gives the Commission of
Fine Arts a limited control over private buildings in the District
of Columbia and provides that private buildings facing important
Government buildings and parks, in areas specified in the act, must
harmonize in appearance with the latter. Although not affecting the
Zoning Act, it is, like the height law of 1910, part of the zoning
restrictions.
The provisions of the Zoning Act of 1938 do not apply to Federal public
buildings.
However, the location, height, bulk, number of stories, and size of
Federal public buildings and the provision for open space in and
around the same, will be subject to the approval of the National
Capital Park and Planning Commission.
Approximately one-half of the area of the Capital is under Government
control and one-half is open to private development. That private
development should proceed in harmony with the plans of the local
and Federal Governments was acceptable as an ideal, and a determined
effort was made in 1918 to introduce zoning into Washington. In that
year and the year following congressional committees, the District
Commissioners, and others formulated plans, and a zoning bill became a
law effective August 30, 1920. After a period of 18 years, during which
several important changes in the law had suggested themselves, Congress
adopted a new Zoning Act, which was approved by the President on June
20, 1938 (Public, No. 684, 75th Congress).
The act provides that the regulations heretofore adopted by the Zoning
Commission under the authority of the act of March 1, 1920, including
official maps, shall be deemed to have been made and adopted and in
force under this present act. The act empowers the Zoning Commission
“to regulate the location, height, bulk, number of stories, and size
of buildings and other structures, the percentage of lot which may
be occupied, the sizes of yards, courts, and other open spaces, the
density of population, and the uses of buildings, structures, and land
for trade, industry, residence, recreation, public activities, or other
purposes * * *.”
Many people do not understand the importance and necessity of a zoning
law in a city; they think it deprives them of private rights. Yet
without a good zoning law living conditions in cities of the present
day become chaotic. Section 2 of the act of June 20, 1938, sets forth
the purpose of the zoning regulations and also points out the benefits
to be derived from zoning, as follows:
Such regulations shall be made in accordance with a comprehensive
plan and designed to lessen congestion in the street, 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 undue concentration of population and the overcrowding of land,
and to promote such distribution of population and of the uses
of land as would tend to create conditions favorable to health,
safety, transportation, prosperity, protection of property, civic
activity, and recreational, educational, and cultural opportunities,
and as would tend to further economy and efficiency in the supply
of public services. Such regulations shall be made with reasonable
consideration, among other things, of the character of the respective
districts and their suitability for the uses provided in the
regulations, and with a view to encouraging stability of districts
and of land values therein.
The Zoning Commission may from time to time amend the regulations
and the maps, but before doing so a public hearing must be held, and
at least 30 days’ notice of the time and place of the hearing must
be published at least once in a daily newspaper in the District of
Columbia, giving full information concerning the proposed amendment.
A favorable vote of not less than a full majority of the members is
necessary for the adoption of an amendment.
The Zoning Commission consists of five members, namely, the three
Commissioners of the District of Columbia, the Director of the National
Park Service, and the Architect of the Capitol.
The act of 1938 provides for a Zoning Advisory Council, to which
suggested amendments to the regulations are submitted for consideration
and recommendation. The act also provides for a Board of Zoning
Adjustment, which shall have the power to hear and decide appeals where
it is alleged a hardship will be imposed by carrying out and enforcing
any regulation adopted under the Zoning Act, and to hear and decide on
complaints regarding zoning, as also requests for special exceptions
or map interpretations. In exercising its powers, “the Board of
Adjustments may, in conformity with the provisions of this act, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision, determination, or refusal appealed from or may make such
order as may be necessary to carry out its decision or authorization,
and to that end shall have all the powers of the officer or body from
whom the appeal is taken.” The concurring vote of not less than a full
majority of the members of the Board is necessary for any decision or
order.
HEIGHT OF BUILDINGS RESTRICTED BY THE CAPITOL DOME
The preeminence of the Dome of the Capitol has dominated the height
of both public and private buildings. The 110-foot-height limit is
found in a small section of the center of the downtown business
district. On streets 110 feet wide in the 110-foot-height district,
130 feet is allowed under set-back provisions, and this maximum height
cannot be exceeded by buildings (except spires, penthouses, or other
excrescences) erected under the zoning regulations. Before 1929 but few
buildings exceeded this height. The act of 1910 limited the height of
buildings to front or abut Union Station Plaza to 80 feet.
[Illustration: REGIONAL PLAN OF WASHINGTON AND ENVIRONS]