Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-01
RADICAL CHANGE
IN coming SOUGHT
"Recapture" Clause Design.
ed to Hold Property in Met
ropoIitan District.
By WILLIAM J. WHEATLEY,
STAFF Correspondent of The Star.

SLIGO, Md, November Inclusion
of a "recapture" clause In the proposed
amendments to the coming regulations
of the metropolitan district will be
sought by those working out the new
features of this code, which will soon
be ready to present to the Maryland
National Capital Park and Planning
Commission for approval. This Is an
entirely new feature of coming and Is
the idea of irving C. Root, chief engi-
neer of the commission. Its benefits are
believed to be so great that the officials
of the District of Columbia, 1t was said,
have recommended its inclusion In the
coming code of the National Capital.
The 'recapture" clause merely pro-
vides that when piece Of property Is
rezoned for a particular purpose 1t
shall automatically revert to its original
coming classification should it ever cease
to be used for the purpose rezoned. The
new clause and its provisos also Will
serve to give property owners notice OF
the particular purpose for which re-
coming of a particular parcel is sought.
Has Merely 10 Ask.
Under the present coming practice. in
force generally throughout the country.
1t is merely necessary for a property
owner seeking to have his land changed
to petition and ask only for transfer
of classification. In other words II his
land is in a residential zone and he
wants It rezoned for commercial use he
merely has to ask for that particular
change.
However. under the proposed change.
II the same party wanted to change his
land from residential to commercial he
would have TO say specifically whether
he wanted to use 1t for a garage, gaSo-
line station. store, etc. II approved he
would be held to that particular use
and In the public advertisement re-
ouired before a coming change is made
the populace surrounding the property
would be Immediately notified as to
what use the land was to be put. IN
der the present system they have no
way of knowing until the business IS
actually started and then 1t Is too late
to make anv protest.
It was pointed out that in rezoning,
particularly in residential districts, there
are many people who would not object
to a store. but if they knew that petit
ton might be intended for the estab-
lishment of some other business, would
offer strenuous objections. It Is for the
purpose of giving them full notice OF
the proposed use that this feature Is to
be included in the regulations, it was
said
Then, If the property. following re-
coming is not used for the purpose 1t
was changed. it would automatically
that is. without anv further steps on
The part of the officials-revert to its
original coming.
The proposed regulations also would
provide for reZonjng in the residential
area, under certain conditions, Of land
for advertising structures, aviation
fields, cemeteries. private clubs, public
garages for storage only, gravel pits,
educational, philanthropic and elee-
inosynary institutions, sanitariuns, pri-
vate schools and stone quarries.
Permits Only After Public Notice.
The special permits to be issued un-
der the proposed clause would only be
given after public notice. followed by
a hearing by the. county commissioners.
The same provision also would be Iol,
lowed in connection with the So-called
nuisance industries in the industrial
classification. The petitioners would
be required to state specifically for what
purpose they sought reZoning, and a
permit, If granted, would be only for
the use sought in the petition.
The proposed clause, which provides
radical change in coming as now in force
throughout the country, is being closely
studied by legal experts on coming. Sew
eral days ago Mr.. Root and j. Bond
Smith, counsel for the planning COM
mission, discussed the matter with At
tcrney Perlman of Baltimore, one of
the leading constitutional lawyers of
the State, and it has also been sent to
Alfred Bettman, the Department of
Commerce expert on coming. Copies
also have been sent to other coming ex-
perts to ascertain their opinion.