Spot zoning occurs when a local government singles out a small area for treatment that differs from the surrounding zone without proper justification in the comprehensive plan. Courts generally consider spot zoning illegal because it is arbitrary, benefits one owner at the expense of neighbors, and violates the principle of uniform treatment under zoning law.
A city council member rezones a single lot in a residential neighborhood to commercial so that a political supporter can build a gas station. Neighboring homeowners challenge the rezoning in court as illegal spot zoning because it is inconsistent with the area's comprehensive plan.
Spot zoning is generally considered ILLEGAL on the exam. The key test is whether the rezoning benefits the individual or the community and whether it aligns with the COMPREHENSIVE PLAN. If a question describes rezoning one small parcel inconsistently with surrounding uses to benefit one owner, the answer is spot zoning.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
Study This in Your State
Spot Zoning may have state-specific rules. Choose your state to study Land Use Controls with localized content: