82 STAT. ]
PUBLIC LAW 90-598-OCT. 17, 1968
1167
SEC. 5. The Coniniissioiier may execute a lease of airspace under this conditions. Act if— (1) the lessee of the airspace has a fee simple title to the real property abutting such airspace and the lease is for airspace which lies only within the frontages of such abutting real property which are directly opposite; (2) the Zoning Commission of the District of Columbia, after public hearing and after securing the advice and recommendations of the National Capital Planning Commission, has determined the use to be permitted in such airspace and has established regulations applicable to the use of such airspace consistent with regulations applicable to the abutting privately owned property, including limitations and requirements respecting the height of any structure to be erected in such airspace, offstreet parking and floor area ratios applicable to such structure, and easements of light, air, and access; (3) the lessee has submitted to the Commissioner, for his review and approval, plans, elevations, sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any structure to be erected in such airspace; (4) the Commissioner with respect to any structure proposed to be constructed in an area subject to 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 ^^ Stat. 356. Act entitled An Act 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, ch. 8), has submitted to the Commission of E'!c.*code°5'-80i Fine Arts for its review and recommendations, plans, elevations, to s-so?. sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any such structure; and (5) the Commissioner, with respect to any structure proposed to be constructed over space utilized or to be utilized for the construction and operation of the subway of the Washington Metropolitan Area Transit Authority, has submitted to the Authority for its review and recommendations the plans, elevations, sections, and a scale model of any such structure. SEC. 6. The District shall not pay the cost of any removal or relocation of publicly or privately owned facilities in a street or alley in connection with the construction of a structure in airspace leased under this Act. No such facilities may be removed or relocated unless the Commissioner has approved all arrangements for such removal or relocation. SEC. 7. Zoning laws and regulations and other laws and regulations re ^ulauoni^"^^ ^"'^ applicable to the construction, use, and occupancy of buildmgs and premises, including building, electrical, plumbing, housing, health, and fire regulations, shall be applicable to structures constructed in airspace. SEC. 8. (a) For the purposes of this Act, airspace and structures ta^tfon^""'"' ^"'^ constructed or erected in airspace shall be deemed to be real property and shall be liable to assessment, taxation, and water and sewer service charges by the District from the beginning of the term or period of such lease. For the purposes of real property assessments and taxation, the value of airspace, other than any structure constructed or erected
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