| Sec. | |
| 5-1101. | "Old Georgetown" district created. |
| 5-1102. | Restrictions on alteration of buildings. |
| 5-1103. | Board of Review established. |
| 5-1104. | Survey of Old Georgetown district authorized. |
| 5-1105. | Construction. |
| 5-1106. | Old Georgetown Market declared historic landmark |
| 5-1107. | Appropriations to carry out 5-1106. |
There is hereby created in the District of Columbia a district known as "Old Georgetown" which is bounded on the east by Rock Creek and Potomac Parkway from the Potomac River to the north boundary of Dumbarton Oaks Park, on the north by the north boundary of Dumbarton Oaks Park, Whitehaven Street and Whitehaven Parkway to 35th Street, south along the middle of 35th Street to Reservoir Road, west along the middle of Reservoir Road to Archbold Parkway, on the west by Archbold Parkway from Reservoir Road to the Potomac River, on the south by the Potomac River to the Rock Creek Parkway. (Sept. 22, 1950, 64 Stat. 903, ch. 984, § 1; 1973 Ed., § 5-801.)
Section references. - This section is referred to in §§ 5-1004, 5-1005, 5-1007, 5-1102, 7-1034, and 7-1041.
Commission function is advisory. - The function of the Commission of Fine Arts pursuant to the Old Georgetown Act is solely advisory. Don't Tear It Down, Inc. v. D.C. Dep't of Hous. & Community Dev., App. D.C., 428 A.2d 369 (1981).
Cited in Committee for Washington's Riverfront Parks v. Thompson, App. D.C., 451 A.2d 1177 (1982); Speyer v. Barry, App. D.C., 555 A.2d 1147 (1991).
§ 5-1102. Restrictions on alteration of buildings.
In order to promote the general welfare and to preserve and protect the places and areas of historic interest, exterior architectural features, and examples of the type of architecture used in the National Capital in its initial years, the Mayor of the District of Columbia, before issuing any permit for the construction, alteration, reconstruction, or razing of any building within said Georgetown district described in § 5-1101, shall refer the plans to the National Commission of Fine Arts for a report as to the exterior architectural features, height, appearance, color, and texture of the materials of exterior construction which is subject to public view from a public highway. The National Commission of Fine Arts shall report promptly to said Mayor of the District of Columbia its recommendations, including such changes, if any, as in the judgment of the Commission are necessary and desirable to preserve the historic value of said Georgetown district. The said Mayor shall take such actions as in his judgment are right and proper in the circumstances; provided, that, if the said Commission of Fine Arts fails to submit a report on such plans within 45 days, its approval thereof shall be assumed and a permit may be issued. (Sept. 22, 1950, 64 Stat. 904, ch. 984, § 2; 1973 Ed., § 5-802.)
Cross references. - As to Commission on Fine Arts, see 40 U.S.C. §§ 104-106.
Section references. - This section is referred to in §§ 7.1034 and 7-1041.
Delegation of Authority Under the "Shipatead-Luce Act". - See Mayor's Order 89-92, May 9, 1989.
Change in government. - This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its various Forms of Governmental Organization in volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, 1 1-213(a)), appropriate changes in terminology were made in this section.
Commission function is advisory. - The function of the Commission of Fine Arts pursuant to the Old Georgetown Act is solely advisory. Don't Tear It Down. Inc. v. D.C. Dep't of Hous. & Community Dev., App. D.C., 428 A.2d 369 (1981).
Consideration accorded recommendations of Commission of Fine Arts. - Neither the Old Georgetown Act nor the Historic Protection Act explicitly requires that the Mayor accord special weight to the expert recommendation of the Commission of Fine Arts. Nevertheless, in light of the Commission's expertise and the statutory mandate that the Mayor consider its recommendation, the Mayor's agent must demonstrate that the Commission's recommendation and concerns were considered in order to allow meaningful judicial review and to ensure that statutory requirements have been met. Committee for Washington's Riverfront Parks v. Thompson, App. D.C., 451 A.2d 1177 (1982).
Final authority for issuing permits rests with Mayor and the Mayor is under no obligation to follow the Commission's recommendation, nor is he prevented from receiving additional advice. Don't Tear It Down, Inc. v. D.C. Dep't of Hous. & Community Dev., App. D.C., 428 A.2d 369 (1981).
§ 5-1103. Board of Review established.
In carrying out the purpose of this chapter, the Commission of Fine Arts is hereby authorized to appoint a committee of 3 architects, who shall serve as a Board of Review without expense to the United States and who shall advise the Commission of Fine Arts, in writing, regarding designs and plans referred to it. (Sept. 22, 1950, 64 Stat. 904, ch. 984, § 3; 1973 Ed., § 5-803.)
Section references. - This section is referred to in §§7-1034 and 7-1041.
§ 5-1104. Survey of Old Georgetown district authorized.
Said Mayor of the District of Columbia, with the aid of the National Park Service and of the National Capital Planning Commission, shall make a survey of the "Old Georgetown" area for the use of the Commission of Fine Arts and of the building permit office of the District of Columbia, such survey to be made at a cost not exceeding $8,000, which amount is hereby authorized. (Sept. 22, 1950, 64 Stat. 904, ch. 984, § 4; 1973 Ed., § 5-804.)
Section references. - This section is referred to in §§7-1034 and 7-1041.
Delegation of Authority Under the "Shipstead-Luce Act". - See Mayor's Order 89-92, May 9, 1989.
Change in government. - This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its various Forms of Governmental Organization in volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat.818, § 711 (D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia respectively. Accordingly, and also pursuant to § 714(a) of such Act D.C. Code, § l-2l3(a)), appropriate changes in terminology were made in this section.
Transfer of functions. - "National Capital Planning Commission" was substituted for "National Park and Planning Commission" in this section in view of the Act of June 6,1924, ch. 270, § 9, as added by the Act of July 19,1952, 66 Stat. 790, ch. 949, § 1, which transferred the functions, powers and duties of the National Capital Park and Planning Commission to the National Capital Planning Commission.
§ 5-1105. Construction.
Nothing contained in this chapter shall be construed as superseding or affecting in any manner any act of Congress heretofore enacted relating to the alteration, repair, or demolition of insanitary or unsafe dwellings or other structures. (Sept. 22, 1950, 64 Stat. 904, ch. 984, § 5; 1973 Ed., § 5-805.)
Section references. - This section is referred to in §§ 7-1034 and 7-1041.
§ 5-1106. Old Georgetown Market declared historic landmark.
That the real property, together with all structures thereon on September 21, 1966, described as lot 800, square 1186, of the District of Columbia, commonly known as the Old Georgetown Market, is hereby declared a historic landmark, and the Mayor of the District of Columbia is authorized and directed to preserve such property as a historic landmark and to operate and maintain it as a public market, except that the Mayor is authorized to enter into an agreement with the Secretary of the Interior to provide for the use of a portion of such property as a museum to be operated by the Secretary in connection with the Chesapeake and Ohio Canal. Such property shall not be used under authority of any provision of law for any purpose not provided in this section unless:
Section references. - This section is referred to in § 5-1107.
Change in government. - This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners
under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, 711 (D.C. Code, § 1-211), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-213(a)),
appropriate changes in terminology were made in this section.
§ 5-1107. Appropriations to carry out § 5-1106.
For the purpose of carrying out the provisions of § 5-1106, there are authorized to be appropriated to the District of Columbia such sums as may be necessary. (Sept. 21, 1966, 80 Stat. 830, Pub. L. 89-600, § 2; Jan. 5, 1971, 84 Stat. 1938, Pub. L. 91-650, title VII, § 701; 1973 Ed., § 5-807.)
Temporary addition of subchapter. - Section 2 of D.C Law 11-209 added a new subchapter II, containing a single new § 5-1121 to read as follows:
"§ 5-1121.
(a)(1) The operation of any new restaurant or restaurant related establishment whose business consists of more than 5% delivery or carryont, which was not in operation prior to July 3, 1996, shall not be permitted in a residentially zoned area, identified in the Zoning Regulations of the District of Columbia and shown in the official atlases of the Zoning Commission for the District of Columbia, that is located within the boundaries of the Georgetown Historic District (as established by Chapter 11 of Title 5, subchapter I of this chapter, and shall constitute a public nuisance.
(a)(2) For the purposes of this subsection, the term "new restaurant or restaurant related establishment" means a licensed food service establishment in which the owner of the property or the owner of the licensed food service establishment located on the property changes the type of business being conducted, or a new owner who purchases the entity and changes the type of business being conducted.
(b) The Corporation Counsel or affected members of the public may maintain an action in Superior Court of the District of Columbia to abate and enjoin perpetually the nuisance."
Section 4(b) of D.C Law 11-209 provides that the act shall expire after 225 days of its having taken effect.
Emergency act amendments. - For temporary addition of subchapter II, consisting of §5-1121 see § 2 of the Preservation of Residential Neighborhoods Against Nuisances Emergency Act of 1996 (D.C. Act 11-352, August 12, 1996, 43 DCR 4626), and § 2 of the Preservation of Residential Neighborhoods Against Nuisances Congressional Review Emergency Act of 1996 (D.C. Act 11-412, October 28, 1996, 43 DCR 6068).
Legislative history of Law 11-209. - Law 11-209, the "Preservation of Residential Neighborhoods Against Nuisances Temporary Act of 1996," was introduced in Council and assigned Bill No. 11-5 11. The Bill was adopted on first and second readings on July 3, 1996, and July 17, 1996, respectively. Signed by the Mayor on August 6, 1996, it was assigned Act No. 11-384 and transmitted to both Houses of Congress for its review. D.C. Law 11-209 became effective on April 9, 1997.