Photo by Neal Sanche on Flickr.

A team of professionals looking at DC’s zoning concluded that the 1958 code was hopelessly outdated, and found an urgent need for a new code. That report was in 1973. Four decades later, the code will continue getting older, as Mayor Vincent Gray asked the DC Zoning Commission to wait until September before deliberating on the proposed zoning update.

After over five years of public hearings and meetings to write a new code, the DC Office of Planning submitted it to the Zoning Commission, the hybrid federal-local board which has the final say over zoning in DC, last year.

There have been seven months of hearings already, with exhaustive chances for everyone to learn about the code and speak their minds. But Gray now wants changes, including ones that will add housing and help people age in place, to wait even longer.

The commission “set down” the code for public comment and hearings on September 9th, 2013. There were public hearings in November, but when some residents said they hadn’t had enough time to read the new code, the commission added another set of hearings in January and February. There are two more hearings, for Wards 7 and 8 on April 21 and citywide on April 24, to give people yet another chance to speak.

But this week, the Gray administration decided to ask for even more delay, and the Zoning Commission extended the deadline to September 15, over a year after they set down the proposals.

The delay was almost another year longer than that. Gray wrote September 15, 2015 in a letter, but the zoning commissioners decided to assume he meant September 15, 2014.

Some commissioners argued that the process had gone on long enough, while others welcomed even more time. Rob Miller, a Gray appointee to the board, said, “Going through this process for seven years, what’s another six months?” By that token, what’s another seven years? The code has sorely needed revision for over 40 years.

Major problems with the zoning code were evident in 1970

In a July 1970 report, planning consultant Barton-Aschman Associates looked back at the code from the far side of highway protests, racial tension, riots, environmentalism, urban renewal, and the Metro system.

They didn’t like what they saw. Despite some patches after Home Rule, the language was outdated and the code had major flaws. The study said,

A considerable number of provisions are archaic or substandard and need to be systematically reviewed and modernized. New techniques should be developed to accommodate changing market demand, technological advances, and new social conditions and programs.

Studies for the original code by its principal author, Harold Lewis, predicted that 870,000 people could live in DC under his zoning regimen. But that assumed people continued to have large families and drove everywhere, and that no historic neighborhoods would be preserved. The 1970 report criticized these assumptions as already out of date.

The 1958 code also did not plan for a city with Metro, with the lower dependence on driving and greater densities that made possible. The 1970 report argued,

Perhaps the Metro system alone is a sufficiently important factor to justify a complete review of policies assumed in the 1956 Zoning Plan and reflected in the existing Zoning Regulations.

In 1976, 18 years after the zoning code was written, a panel of citizen representatives agreed that a zoning code which separated residential from commercial uses was harming the city:

The rigid separation of uses contemplated by our existing zoning is no longer desirable in many instances, and indeed, the separation of residential and commercial uses contributes positively to the increasing deadening of Downtown after dark.

The Special Citizens Advisory Committee on Urban Renewal included the 1958 code as part of the policies of an unrepresentative government that had decimated the city with slum clearance and highway construction. In the same period, the city made some additions to the planning laws, including Advisory Neighborhood Commissions and the Planned Unit Development process.

Downtown got new zoning in 1991 and amendments in 2000, and DC has added overlay districts to tweak zoning in many residential neighborhoods, but for most of the city, the zoning remains substantially the same as in the 1968 plan, and many of its problems were never solved.

For decades, people have said the zoning code is out of date. The earliest response to the highway riots questioned the zoning produced at that time. Then, one of the first actions of an independent DC was to question the land use regulation that was tied up with urban renewal. They patched the regulations up, but didn’t reconstructed them in a way that improved stability and quality of life over the long term.

Some people say that changes to the zoning code will only worsen existing problems. But many of those problems exist because of the way the zoning is written now. Perhaps the city has become comfortable with the problems it’s known about for 40 years. The risk of short-term pain is not a good enough reason to delay a much-needed update any more.

Neil Flanagan grew up in Ward 3 before graduating from the Yale School of Architecture. He is pursuing an architecture license. He really likes walking around and looking at stuff.

David Alpert is Founder and President of Greater Greater Washington and Executive Director of DC Surface Transit. He worked as a Product Manager for Google for six years and has lived in the Boston, San Francisco, and New York metro areas in addition to Washington, DC. He lives with his wife and two children in Dupont Circle. Unless otherwise noted, opinions in his GGWash posts are his and not the official views of GGWash or DCST.