[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4243 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4243

 To confirm limitations on the height of buildings and roof structures 
 in the District of Columbia, to expand the authority of the National 
Capital Planning Commission to enforce such limitations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 1994

  Mr. Stark introduced the following bill; which was referred to the 
                 Committee on the District of Columbia

_______________________________________________________________________

                                 A BILL


 
 To confirm limitations on the height of buildings and roof structures 
 in the District of Columbia, to expand the authority of the National 
Capital Planning Commission to enforce such limitations, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Building 
Heights Act of 1994''.

SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA.

    (a) Use of Street Width to Determine Maximum Height of Building.--
Section 5(a) of the Act entitled ``An Act to regulate the height of 
buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-
405(a), D.C. Code), is amended--
            (1) by striking ``the course of which'' and inserting ``the 
        alignment of which''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, a `street' includes any road, avenue, drive, 
        cart way, or other route open to the public as a regular right-
        of-way, but does not include an alley.''.
    (b) Limitations on Size and Height of Roof Structures.--Section 
5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking 
``Spires, towers,'' and all that follows through ``the adjacent roof:'' 
and inserting the following: ``Roof structures that are not constructed 
or used for human occupancy (including structures housing machinery or 
equipment) may be erected to a greater height than any limit otherwise 
prescribed in this Act if approved by the Mayor of the District of 
Columbia: Provided, That such structures when above such limit shall be 
fireproof: Provided further, That such a structure (other than a spire, 
tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set 
back from the exterior or bounding walls of the building upon which the 
structure is placed at distances not less than the structure's height 
above the adjacent roof: Provided further, That the Mayor of the 
District of Columbia may not waive the requirement described in the 
previous proviso with respect to a structure unless the Mayor of the 
District of Columbia finds that the application of the requirement to 
the structure will be unduly restrictive or highly impractical, and 
that the waiver of the requirement will not materially interfere with 
the purpose of this Act or adversely affect the exposure of adjacent 
buildings to light and air: Provided further, That for purposes of this 
subsection, an `exterior or bounding wall' of a building is any wall 
having a dimension of 4 feet or more in height or horizontal depth 
exposed to the outside, other than a building wall that directly abuts 
a structure with a height equal to or greater than the height of the 
building, and a `roof' is the exterior surface and supporting structure 
on the top of a building: Provided further, That for purposes of this 
subsection a skylight shall not be considered a roof structure if it is 
less than 5 feet in height:''.
    (c) Increase in Penalties for Violations.--
            (1) General penalty for violation.--Section 8 of such Act 
        (sec. 5-408, D.C. Code) is amended by striking ``not less than 
        $10 nor more than $100 per day'' and inserting ``not more than 
        $10,000 per day''.
            (2) Penalty for violation of injunction.--Section 8 of such 
        Act (sec. 5-408, D.C. Code) is amended by striking ``not less 
        than $100 nor more than $500,'' and inserting ``not more than 
        $100,000,''.

SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION 
              TO ENFORCE BUILDING HEIGHT LIMITATIONS.

    (a) Requiring NCPC Approval for Roof Structures Exceeding General 
Limitations.--
            (1) In general.--Section 5(h) of the Act entitled ``An Act 
        to regulate the height of buildings in the District of 
        Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code), 
        as amended by section 2(b), is amended by striking ``Mayor of 
        the District of Columbia'' each place it appears and inserting 
        ``Mayor of the District of Columbia and the National Capital 
        Planning Commission''.
            (2) Conforming amendment.--Section 5(c) of the Act entitled 
        ``An Act providing for a comprehensive development of the park 
        and playground system of the National Capital'', approved June 
        6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is 
        amended--
                    (A) by inserting after ``the Council,'' the 
                following: ``and to include the approval of the height 
                of any roof structure of any building in the District 
                of Columbia (as described in section 5(h) of the Act 
                entitled `An Act to regulate the height of buildings in 
                the District of Columbia', approved June 1, 1910),''; 
                and
                    (B) by striking the period at the end and inserting 
                the following: ``, and its approval or disapproval 
                respecting any such height within 45 days after the day 
                it was submitted to the Commission.''.
    (b) Permitting NCPC or Members to Request NCPC Approval of Height 
of Any Building in District.--Section 5(c) of the Act entitled ``An Act 
providing for a comprehensive development of the park and playground 
system of the National Capital'', approved June 6, 1924 (sec. 1-
2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2), 
is amended by inserting after ``June 1, 1910),'' the following: ``and, 
at the request of the Commission or any of its members, the 
determination of whether any building proposed to be constructed in the 
District of Columbia meets the requirements of such Act,''.
    (c) Providing Standing for NCPC or Members To Enforce Building 
Height Limitations.--
            (1) Authority of commission and members.--Section 5 of the 
        Act entitled ``An Act providing for a comprehensive development 
        of the park and playground system of the National Capital'', 
        approved June 6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d) 
        is amended by adding at the end the following new subsection:
    ``(f)(1) The Commission and each of its members shall have standing 
to enforce any limitation on buildings and structures in the District 
of Columbia described in the Act entitled `An Act to regulate the 
height of buildings in the District of Columbia', approved June 1, 
1910.
    ``(2) If a member of the Commission exercises the authority 
provided under paragraph (1) to enforce a limitation on buildings and 
structures, the member shall exercise the authority in the member's own 
name and at the member's own expense unless the Commission authorizes 
the member to exercise the authority in the name of the Commission and 
at the Commission's expense.''.
            (2) Conforming authority under building heights act.--
        Section 8 of the Act entitled ``An Act to regulate the height 
        of buildings in the District of Columbia'', approved June 1, 
        1910 (sec. 5-408, D.C. Code), is amended--
                    (A) in the first sentence, by striking ``his 
                assistants'' and inserting ``his assistants, or by the 
                National Capital Planning Commission or any of its 
                members (in accordance with section 5(f) of the Act 
                entitled `An Act providing for a comprehensive 
                development of the park and playground system of the 
                National Capital', approved June 6, 1924),''; and
                    (B) in the second sentence, by inserting after 
                ``District of Columbia'' the first place it appears the 
                following: ``or the National Capital Planning 
                Commission or any of its members (in accordance with 
                section 5(f) of the Act entitled `An Act providing for 
                a comprehensive development of the park and playground 
                system of the National Capital', approved June 6, 
                1924)''.
            (3) Conforming amendment.--Section 11 of the Act of June 
        20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by 
        adding at the end the following: ``Nothing in this section 
        shall be construed to limit the standing of the National 
        Capital Planning Commission or any of its members to enforce 
        any limitation on buildings and structures in the District of 
        Columbia pursuant to section 5(f) of the Act entitled `An Act 
        providing for a comprehensive development of the park and 
        playground system of the National Capital', approved June 6, 
        1924.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
buildings and structures in the District of Columbia for which building 
permits or modifications to building permits are issued on or after 
March 23, 1994.

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