Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-09-28
Upper County
Revised zonino
Hearing Set
Moy Again Deloy
Effective Dute Of
Thorny Ordinance

Thorny Ordinance
The Montgomery Counts
Council win hold . hearing Octo.
Der Is on its proposed revisioni
In the Upper County coming
ordinance and another possible
delay In its effective date.
The Council. after six closed
door sessions with County At
torney Charles M. Irelan yes.
terday, agreed to the hearing
on the ordinance In practically
the same form as presented be-
fore I'VE rural community meet
ings in the last two weeks.
The council also agreed 10
consider moving the effective
date back from November b
January 10.
The council voted TO direct
County Manager N. L. Reese to
retain as o consultant Irving
C. Root, who drafted the original
suburban county ordinance IN
the late l920s, II Mr.. Reese feels
1t Is necessary.
Discussion In Private
Council President j. Grahame
Walker, at one point ordered
newsmen out Of the council
meeting room as the council dis
cussed the ordinance.
In drafting the resolution pro-
viding for the hearing. the coun-
Gil followed the advice Of Mr..
Irelan and deleted q reference
TO procedures set forth In Section
al cf Article 66B of the 1851
Maryland Code.
In place of this. the council
substituted wording to indicate
the procedure being followed
Is ''in accordance with the ap-
plicable laws"
Opponents Of some Of the pro-
visions Of the temporary ordi-
nance have challenged the le-
gality of the ordinance on the
ground provisions of Article 66B
were not being followed.
The new version of the ordi-
nance has been changed at four
points. One major change is
aimed at barring anyone but
those having q financial interest
In q tract from seeking to rezone
It.
Another change made would
provide that the coming ordi-
nance would have precedence
over the subdivision regulations
at any point Of conflict. How
ever, Article 66B. which grants
coming powers to the counties,
provides that where there Is
conflict. the more rigid require
ments must prevail.
Revised Definitions
Other changes clarity defini-
tons Of farm dwellings and
tracts or parcels and would pro-
vide that off-street parking re-
quirements may be waived for
existing commercial or industrial
use or for extension Of these
uses.
The council yesterday heard
Mr.. Root say that q coming map
could be prepared to accompany
the ordinance within three to
six months.
The planning consultant, a re-
tired Federal employee, also said
the proposed revised ordinance
could be put into effect as an
interim law.
Mr.. Root cautioned the coun-
Gil against being influenced too
strongly by statements at public
hearings. He cited examples Of
where "vociferous minorities''
had opposed ordinances.
The planner added that he
thought planning commissions
were "far more competent to de-
termine how coming Is to be done
than those who speak at public
hearings"
Provisions Of the ordinance
establishing a minimum lot size
OF five acres in the 90 per cent
Of the upper county zoned agri-
cultural and the lack Of any
commercial or industrial area
coming have drawn bitter fire at
recent rural meetings.
Used In Talbot
The controversial five-a ere
coming In Montgomery, Mr.. Root
said, has been used in Talbot
County. There. however, he
added. such areas were set up
because residents asked for them.
It was used chiefly where land
owners had "gentlemen's estates
and wanted to keep opt small
lot subdivisions and honky -tonk
development along the water
front that might disturb their
way Of life"
Mrs. Stella B. Werner, q
council member. said. Mr.. Root
will find more heat than light
when he reads the transcripts OF
the five community meetings.
Mrs. Werner and Council
President Walker opposed the
possible postponement Of the ef-
fective date.
The January 10 date is aimed
at getting q master coming map
ready in time to become effective
with the ordinance.
NAIL D.:~@ E:,.:.