A fundamental tool of local governments is zoning. This is used to manage land use and detail community development for the present and future. It involves dividing land into districts and provides regulations and building standards. Spot zoning has been the source of controversy lately. Let’s take a look at this particular type of zoning action.
What To Know About Spot Zoning
Spot zoning happens when a specific parcel or small piece of land becomes reclassified with zoning regulations that significantly differ from nearby properties. The reclassification usually benefits private owners, ultimately allowing a use inconsistent with the established character of an area.
For example, it could be considered spot zoning whenever a single residential lot is rezoned for a commercial business. The defining characteristic is the unjustified exemption created for a property owner. This has the potential to alter the overall community plan.
How Spot Zoning Works
In most cases, spot zoning begins with a property owner requesting a zoning change for their specific parcel. This request will go to the local commission or planning department.
Following the initial review, public hearings will allow nearby property owners and other interested citizens to voice their support or concerns. The planning commission is then responsible for recommending the final decision-making body to vote on approval.
Legal Challenges To Spot Zoning
Spot zoning is typically challenged in court as an arbitrary or discriminatory exercise of zoning power. Courts must determine the validity of the challenged zoning amendment next. One primary consideration is whether the rezoning is, indeed, consistent with the comprehensive plan of the community. Any change that deviates from this plan could be deemed invalid, at this time.
Another test can be done to examine if the amendment serves a legitimate purpose for the public or simply benefits one individual. The burden of proof here usually falls on the challenging party to show either unlawfulness or unreasonableness. If the zoning is for a smaller area, though, courts can apply a stricter scrutiny which requires the local government to show the reasonableness of its action.
Conclusion
Spot zoning usually undermines fundamental principles of land use planning. One principle often highlighted is comprehensive planning, which requires zoning decisions to align with the long-term community vision.
Uniformity is another key principle, suggesting similar properties within a zoning district should be treated the same way. Zoning is intended to promote the general welfare of an entire community, not just individuals.
Source: “What Is Spot Zoning And Is It Illegal?” Legal Clarity https://legalclarity.org/what-is-spot-zoning-and-is-it-illegal/
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