Evening star., 1955-01-27
Controls Urged
On Designs Of
New Buildings
Zonine Lows Needed
To Protect Citys
Beauty, Report Suys

By Hector Mclean

ports accompanying the two.
year Job OF rewriting the Dis
trict's S0-year-old zoning regula-
tions, Harold M. Lewis noted the
Fine Arts Commissions control
over Old Georgetown and over
structures adjacent to major
Government buildings.
In these cases. plans relating
to height, appearance, color and
texture Of exterior building ma
terials must be submitted by the
District Commissioners to the
Fine Arts Commission and modi-
ned to carry out the latter's rec
concentrations.
First Applied in 1880.
Mr.. Lewis report. prepared by
George Cater, his Washington
representative. pointed out that
this type Of control was first
applied to areas near Govern
ment buildings i1 1880 and ex.
tended to the Old Georgetown
area In 1852.
This, the report said, raised
the question as to why only part
Of the National Capital should
be so regulated.
Architectural control over
new development operates not
only to protect what was already
beautiful and historic, but also
to promote a more desirable city
for the future.
Provided that the amount Of
building in the District should
not overtax the review capacity
Of the Commission Of Fine Arts,
who can say that the design Of
new buildings would not benefit
from the counsel and advice Of
that commission?
Are we going to wait for Q
more beautiful city to happen
L by accident. or are we going 70
help 1t to be SOP"
Not Under Zoning Law.
The report pointed out. In an
lappendix. that "the United
States courts have been Of een-
eral agreement that the archie
Ifeetural control Of structures il
not & valid facet Of the police
power tof regulation). therefore
not a valid subject for coming. "
'.But In the District Of Colum-
bia, the Commission Of Fine
Arts. under the authority
granted BY the Shipstead and
Old Georgetown Acts. exercises
architectural control Of devel-
opment fronting on the several
Federal areas and In the whole
of the Georgetown section Of
the city, the report said. aThis
Is q form Of development con-
troll. /"
Also. the appendix points out.
"A recent case before the Sue
prerne Court Of the United States
may leave the door open for
| the architectural control Of
buildings on bases previously not
considered valid"
The case was the recent one
which upheld the constitutions
ality Of slum clearance by rip.
Iping out whole areas. and cleared
the way for work on Washing
TONS Southwest redevelopnnent
area.
THAT case" the Lewis report
said. held that It Is within the
power Of the legislature to de-
terTnine to the community
should be beautiful as well as
healthy. spacious as well az
clean. well-balanced as well as
carefully patrolled."
/ The report suggested possible
methods Of eliminating mon
conforming uses. Examples Of
4 these are the gasoline stations
l located In areas since zoned ex-
\ ciusively for residential use. az
Wisconsin and Massachusetts,
avenues NV. and on Sixteenth
street near Taylor street NV.
Origin Explained.
]. Explaining their origin. the
report said. "Non-conforming
uses are those uses existing upon
the adoption Of the zoning ordi-
nance which are permitted TO
continue. Notwithstanding the
prohibition against such uses in
districts In which they are To-
Gated
These uses are permitted tIrl-
der certain limiting conditions,
with the hope that In time they
win be eliminated. Experiences
has shown. however, that These
. uses do not disappear, but re-
main for indefinite periods. giv-
ing the owners thereof q monop-
oily. since they are free from
competition
More and more consideration
Is being given to the adoption Of
| q formula whereby these uses win
be eliminated through an amor
d tization Of property value or in-
vestment over . period Of time.
4, Such provisions are now
found In the Chicago and New
Orleans ordinances. The validity
Of such provisions have not been
Il adequately tested IN the courts.
/ The highest court Of at least
one State fCaIifcrnia) has up
4 held such proyisions.s
The Lewis report also sue-
gested that the National Capital
Planning Commission review ali
appeals for exceptions under the
zoning regulations 10 coordinate
these with overall city planning.
The greatest danger as re-
cards discriminatory application
of the regulations the report
said. would seem 10 lis In the
power Of the Board Of Adjust
ment to grant special exemptions
4 70 many provisions of the regu-
/ latiofie without the Rpplicati0n
i Ck relevant standards and SAFE