Page:United States Statutes at Large Volume 82.djvu/1211

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[82 STAT. 1169]
[82 STAT. 1169]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-598-OCT. 17, 1968

1169

(2) set a date by which such person shall comply with such regulation. Each day after such date during which there is a failure to comply with such regulation shall be a separate offense. (d) The Commissioner may maintain an action in the United States District Court for the District of Columbia to enjoin the continuing violation of any regulation adopted, under the authority of this Act, by the District of Columbia Council or by the Zoning Commission. SEC. 12. The Federal Government and District government are each ^.^^tV^^.^!^'^„^:^' ,

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Structures, conai""

authorized, without regard to the requirements oi sections 4 through tions for erection. 11 of this Act, to construct any structure in airspace, subject to the following conditions: (1) The government proposing to construct any structure in airspace shall have fee simple title to the real property abutting such real property. (2) The airspace to be occupied by such structure shall be only within the frontages of the real property abutting such airspace which are directly opposite, (3) The airspace to be occupied by such structure shall not be used to deprive any real property, not owned by the Federal Government or District government, of its easements of light, air, or access. (4) The construction of any such structure by the District government across a street or alley, the title to which is in the United States, shall be in accordance with an agreement between the Commissioner and the Attorney General of the United States, subject to such terms and conditions as the Attorney General and the Commissioner agree to include in the agreement. (5) Section 16 of the Act entitled "An Act providing for the zoning of the District of Columbia and regulation of the location, height, bulk, and uses of buildings and other structures and of the uses of land in the District of Columbia, and for other purposes", approved June 20, 1938 (D.C. Code, sec. 5-428), shall apply to 52 Stat. 802. the construction of any structure in such airspace by the Federal Government and, to the extent required by subsection (c) of section 5 of the National Capital Planning Act of 1952 (40 U.S.C. 66 Stat. 787, 7 l d (c)), to the construction of any structure in such airspace by the District government. (6) Plans for the construction of any structure in such airspace by the Federal Government or the District government shall be subject to review by the National Capital Planning Commission in accordance with section 5 of the National Capital Planning Act of 1952 (40 U.S.C. 71d). (7) The construction of any such structure by the Federal Government or the District government shall be subject to the recommendations of the Commission of Fine Arts to the extent required by the Act entitled "An Act to regulate the height, exterior design, and construction of private and semipublic buildings in certain areas of the National Capital", approved May 16, 1930 (D.C. Code, secs. 5-410 and 411), or the Act entitled "An Act ^e Stat. 366. to regulate the height, exterior design, and construction of private and semipublic buildings in the Georgetown area of the National Capital", approved September 22, 1950 (D.C, Code, title 5, chapter 8). 64 Stat, 903,

to D.C. Code 5,601 5-807.