Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-11-07
Spot zoning' Policy
Is Abolished in
Montgomery County
Commissioners Vote
End Of System in
Use 10 Years

Changing a policy in effect since
the Maryland-National Capital Park
and Planning Commission was Gre
ated more than 10 years ago. the
Montgomery County Md Board
OF Commissioners today ended spot
coming"
The board, in a resolution. con-
Cured in the recent opinions ex-
pressed by Alfred Bettman of Gin
cinnati, housing and planning au-
thority. and Frederic A. Delano
chairman of the National Capital
Park and Planning Commission
that coming single lots to a status
dlf1erent from that of adjacent
property on every side was illegal
and that only districts or areas
could be designated as residential
commercial or industrial.
President Thomas E. Hampton O.
the County Board said that adop.
ton OF the resolution concurrine Ii
the opinions Of Messrs. Bettman and
Delano meant the end of "spo,
coming" in Montgomery County. He
also pointed out that coming was
created and applied to Montgomery
County by preceding Democratic
county administrations and rep
resentatives in the Maryland Leg
islature.
Campaign Pledged.
In taking today's position in order
to maintain coming throughout the
metropolitan district Mr.. Hampton
stated. the Democratic County
commissioners are continuing the
record of previous administrations
in creation and support of zoning
and further living up to the pledges
In last years campaign to support
coming in the metropolitan and
planning districts of the county"
Mr.. Hampton said that the last
Legislature had ratified by express
provisions of law all previous zon-
Ing ordinances in the metropolitan
districts of Montgomery and Prince
Georges Counties and that. conse-
quently, the score or more exam
pies OF spot coming approved by for
mer boards are not now subject to
challenge in the courts and are not
available as basis for a general
court challenge of coming in the
county.
Future Policy.
The resolution adopted by the
board today stated the following
policy would be adhered to hence
forth:
When at a hearing it develops
that the coming petitioned is to
change the status of any individual
lot from the coming classification OF
all adjacent property, this board will
then announce its opinion to be that
1t lacks jurisdiction to approve the
zoning petitioned and will conse-
quently discontinue the hearing.
1T is our further opinion as to the
legal requirements of coming that we
are not authorized by law to refuse
any citizen or property owner a
hearing on a petition for rezoning
after said hearing has been duly ad-
vertised as required by law and,
further, that We are not authorized
to set up any arbitrary periods of,
say, three. five or 10 years, before we
will hold another hearing for the
rezoning of any property, because,
should it develop at any such hear
ing that the property for which the
rezoning is petitioned is actually q
district, such rezoning is within
the jurisdiction of the duly-consti-
tuted coming authorities of Mont
gomery County and should be con-
sidered on the merits of that petit
ton"
The spot coming question, which
has been controversial subject in
Montgomery County from time to
time, reached a climax recently with
the application of Peter Fritz, pro-
prietor of the Log Cabin Inn, near
Wheaton, for rezoning from resi-
Dental to commercial. The appli-
cation was withdrawn pending dis
position in court of a charge against
Mr.. Fritz Of selling liquor without