[Transcription]

THE CENTRAL COMPOSITION OF THE NATIONAL CAPITAL

Chapter XVI
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.