Under California Government Code §65860, zoning must be consistent with a city's general plan. Which of the following zoning actions is most likely to be invalidated by a California court?
Correct Answer
C) Rezoning a single parcel surrounded by low-density residential uses to heavy industrial, inconsistent with the general plan's residential designation for that area
Spot zoning occurs when a single parcel or small area is rezoned in a manner inconsistent with surrounding uses and the applicable general plan designation. Under California Government Code §65860, all zoning ordinances must be consistent with the general plan. Rezoning a single parcel to heavy industrial use in the middle of a low-density residential area — contrary to the general plan's residential designation — is a textbook example of invalid spot zoning. California courts have consistently invalidated such rezonings because they lack the general plan consistency required by statute and bear no rational relationship to the public welfare.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
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.
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