Amended 12/16/23, Ordinance 5514
Please refer to Notes 1, 2, and 3 on title page
One of the most significant developments in the field of urban planning in the United States has been the rising concern among its people about how a city looks and is experienced--a concern beyond that expressed in the City Beautiful movement of the early 1900s.
Alexandria has long recognized this concern and was, after Charleston and the Vieux Carne, the third U.S. city to adopt, in 1946, an historic district ordinance to protect its Old Town area and the George Washington Memorial Parkway. There are now hundreds of historic districts in every region of the nation and, more importantly, a widening recognition that not only historic districts, but the whole city, may be beautiful as well as safe and sanitary. This widening concern is not only with the compatibility of new architecture with that of the past, but also with neighborhood impacts, the public accessibility of usable open space, pedestrian movement, street furniture, and the totality of the urban environment as it affects the people who live and work in, or visit, a city.
The long struggle to obtain judicial recognition that the police power went beyond the prescription of land use zones and regulations relating to safety and health culminated in Berman v. Parker (348 U.S. 26; 99 L. ed. 27), in which a unanimous U.S. Supreme Court said 'The concept of the public welfare is broad and inclusive . . . The values it represents are spiritual as well as physical; aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. If those who govern the District of Columbia decide that the Nation's Capital should be beautiful as well as sanitary, there is nothing in the Fifth Amendment that stands in the way."
In West Brothers Brick Co. v. City of Alexandria (169 Va. 271, 192 S.E. 881, 885-6) (1937) the Supreme Court of Virginia said:
It seems to us that aesthetic considerations are relative in their nature. With the passing of time, social standards conform to new ideals. As a race, our sensibilities are becoming more refined, and that which formerly did not offend cannot now be endured. That which the common law did not condemn as a nuisance is now frequently outlawed as such by the written law. This is not because the subject outlawed is of a sensibilities have become more refined and our ideals more exacting. Nauseous smells have always come under the ban of the law, but ugly sights and discordant surroundings may be just as distressing to keener sensibilities. The rights of property should not be sacrificed to the pleasure of an ultra-aesthetic taste. But whether they should be permitted to plague the average or dominant human sensibilities well may be pondered.
Sections 15.1-427 and 489(3) of the Code of Virginia (1950), as amended establish the legislative goals for zoning and land development regulations of providing residential areas “with healthy surroundings for family life” and facilitating “the creation of a convenient, attractive and harmonious community.” The Virginia Court has expressly acknowledged that these are permissible state objectives under the police power in City of Manassas v. Rosson [224 Va. 12, 294 S.E. 2d 799, 804 (1982), appeal dismissed 459 U.S.1166 (1883)].
Recognizing the increased importance of good urban design, the city council has directed staff to proceed with four studies.
- The development of specific architectural guidelines for the use of the boards of architectural review for the Old and Historic Alexandria District and the Parker-Gray District. These are dissimilar areas, and the guidelines must reflect this fact. The Parker-Gray District was largely vacant land when the landmark buildings of Old Town were new. In the latter case city council has directed that the board of architectural review for the Old and Historic Alexandria District consider the extent to which the building or structure reflects the architectural styles of the 18th and 19th centuries, particularly of the Georgian, Federal, Greek Revival, and Victorian periods. This is a standard that clearly is