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or imprisonments not to exceed ten days, in lieu of or in addition to any fine, for the violation of any building regulation promulgated under authority of the Act of Congress entitled "An Act to authorize the Commissioners of the District to make and enforce regulations relative to the sale of coal, and also building regulations", approved June 14, 1878, and any regulation promulgated under authority of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to make police regulations for the government of said District", approved January 26, 1887, and any regulation promulgated under authority of section 2 of the joint resolution entitled “Joint resolution to regulate licenses to proprietors of theaters in the city of Washington, District of Columbia, and for other purposes", approved February 26, 1892.

Approved, December 17, 1942.

[CHAPTER 228—1ST SESSION]

[H. R. 3235]

AN ACT

To amend the Code of Laws of the District of Columbia, with respect to abandon ment of condemnation proceedings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 490 of chapter XV of the Code of Laws for the District of Columbia, as amended (D. C. Code, 1940 edition, sec. 16-610), is amended to read as follows:

"SEC. 490. It shall be optional with the Commissioners to abide by the verdict of the jury and occupy the land appraised by them, or, within a reasonable time to be fixed by the court in its order confirming the verdict, to abandon the same: Provided, however, That if such condemnation proceeding shall be abandoned, the court shall award to the owner or owners of the property involved therein such sum or sums as will in the opinion of the court reimburse such owner or owners for all reasonable costs and expenses, including reasonable counsel fees, incurred by him or them in such proceeding; and the sum or sums so awarded shall constitute a judgment or judgments against the District of Columbia: Provided further, That no such owner shall be entitled to such reimbursement in any case where the proceeding is abandoned at the request or with the consent of the owner of such property."

Approved July 11, 1947.

(203)

81504-51-14

1. ZONING ACT.

SUBJECTS

2. HEIGHT, AND EXTERIOR DESIGNS.

Columbia.

[H. R. 19070.]

An Act To regulate the height of buildings in the District of

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the date of the approval of this Act no combustible or nonfireproof building in the District of Columbia used or occupied or intended to be used or occupied as a dwelling, flat, apartment house, tenement, lodging or boarding house, hospital, dormitory, or for any similar purpose shall be erected, altered, or raised to a height of more than four stories, or more than fifty feet in height above the sidewalk, and no combustible or nonfireproof building shall be converted to any of the uses aforesaid if it exceeds either of said limits of height.

SEC. 2. That from and after the date of the approval of this Act no combustible or nonfireproof building in the District of Columbia used or occupied or intended to be used or occupied for business purposes only shall be erected, altered, or raised to a height of more than sixty feet above the sidewalk, and no combustible or nonfireproof building shall be converted to such use if it exceeds said height. SEC. 3. That all buildings in the District of Columbia, including buildings of every kind, class, and description whatsoever, excepting churches only, hereafter erected, altered, or raised in any manner as to exceed sixty feet in height shall be fireproof or noncombustible and of such fire-resisting materials, from the foundation up, as are now or at the time of the erecting, altering, or raising may be required by the building regulations of the District of Columbia."

Hotels, apartment houses, and tenement houses hereafter erected, altered, or raised in any manner so as to be three stories in height or over and buildings hereafter converted to such uses shall be of fireproof construction up to and including the main floor, and there shall be no space on any floor of such structure of an area greater than two thousand five hundred square feet that is not completely inclosed by fireproof walls, and all doors through such walls shall be of noncoinbustible materials.

Every building hereafter erected with a hall or altered so as to have a hall with a seating capacity of more than three hundred persons when computed, as provided by the building regulations, and every church hereafter erected or building hereafter converted for use as a church, with such seating capacity, shall be of fireproof construction up to and including the floor of such hall or the auditorium of such church as the case may be.

SEC. 4. That additions to existing combustible or nonfireproof structures hereafter erected, altered, or raised to exceed the height limited by this Act for such structures shall be of fireproof construction from the foundation up, and no part of any combustible or nonfireproof building shall be raised above such limit or height unless that part be fireproof from the foundations up.

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