Spot zoning
Encyclopedia
Spot zoning is the application of zoning
to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent property owners. The Standard State Zoning Enabling Act states "all such regulations shall be uniform for each class or kind of building throughout each district." Courts may rule certain instances of spot zoning as illegal.
Such a change may have a legitimate use, such as when a community
wishes to have more local control of land use
. This may occur in a rural
county which has no zoning at all, where a village
or hamlet may wish to maintain its characteristic feel and historic appeal (often to protect tourism
), without adding another layer of local government
and tax
es by creating a municipality
. The county designates the boundaries
(often that of an already census-designated place
) and maintain regulation
s through the county commission
instead of a separate town council
.
It may also be invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance. It is an invalid exercise of authority, if spot zoning is not a right conferred upon the body by the state's zoning enabling statute, because it deviates from the plan set out by the enabling statute.
Spot zoning may be an invalid exercise of a local authority's zoning power if the state zoning enabling law prohibits spot zoning. While zoning regulates the land use in whole districts spot zoning makes exceptions for parcel/s within a district.
is the license to deviate from the land-use restrictions imposed by the zoning ordinance. A variance usually requires the landowner suffer a substantial hardship
which only the granting of a variance may remedy. If a local zoning authority decides to grant a variance to a landowner who lacks substantial hardship, then its legality (regarding equal protection) may be called into question.
occurs when a zoning regulations allows some specific exception to its regulations provided that a landowner receive a special-use permit from the local zoning authority. An example of a specific exception includes a church in a residential neighborhood. If the special-use permit deviates from zoning ordinance or the enabling statute, then an instance of spot zoning arises.
occurs when a local zoning authority accommodates a private interest by rezoning a district or a parcel of land within that district. Then the private interest may then be allowed to develop the land where before the zoning regulations prohibited such a land use. This is spot zoning in all instances.
the politically connected property owner is allowed to do, such as adding an apartment over a garage, converting a single family home to a commercial establishment, or otherwise increasing density. Often the additions or new buildings are simply built without a permit or variance. Sometimes when adjoining neighbors complain they are criminally prosecuted for complaining.
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent property owners. The Standard State Zoning Enabling Act states "all such regulations shall be uniform for each class or kind of building throughout each district." Courts may rule certain instances of spot zoning as illegal.
Such a change may have a legitimate use, such as when a community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
wishes to have more local control of land use
Land use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...
. This may occur in a rural
Rural
Rural areas or the country or countryside are areas that are not urbanized, though when large areas are described, country towns and smaller cities will be included. They have a low population density, and typically much of the land is devoted to agriculture...
county which has no zoning at all, where a village
Village
A village is a clustered human settlement or community, larger than a hamlet with the population ranging from a few hundred to a few thousand , Though often located in rural areas, the term urban village is also applied to certain urban neighbourhoods, such as the West Village in Manhattan, New...
or hamlet may wish to maintain its characteristic feel and historic appeal (often to protect tourism
Tourism
Tourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes".Tourism has become a...
), without adding another layer of local government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
and tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es by creating a municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
. The county designates the boundaries
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
(often that of an already census-designated place
Census-designated place
A census-designated place is a concentration of population identified by the United States Census Bureau for statistical purposes. CDPs are delineated for each decennial census as the statistical counterparts of incorporated places such as cities, towns and villages...
) and maintain regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s through the county commission
County commission
A county commission is a group of elected officials charged with administering the county government in local government in some states of the United States. County commissions are usually made up of three or more individuals...
instead of a separate town council
Town council
A town council is a democratically elected form of government for small municipalities or civil parishes. A council may serve as both the representative and executive branch....
.
It may also be invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance. It is an invalid exercise of authority, if spot zoning is not a right conferred upon the body by the state's zoning enabling statute, because it deviates from the plan set out by the enabling statute.
Authority
Generally, zoning is a constitutional exercise of a state's police power and so spot zoning would be a constitutional exercise of zoning power by a local zoning authority if the state zoning enabling law allows spot zoning.Spot zoning may be an invalid exercise of a local authority's zoning power if the state zoning enabling law prohibits spot zoning. While zoning regulates the land use in whole districts spot zoning makes exceptions for parcel/s within a district.
Variance
A varianceVariance (land use)
A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...
is the license to deviate from the land-use restrictions imposed by the zoning ordinance. A variance usually requires the landowner suffer a substantial hardship
Hardship
A hardship may mean:*hardship clause in contract law*undue hardship in employment law and other areas*extreme hardship in immigration law*hardship post in a foreign service*hardship in life...
which only the granting of a variance may remedy. If a local zoning authority decides to grant a variance to a landowner who lacks substantial hardship, then its legality (regarding equal protection) may be called into question.
Special-use permit
A special-use permitSpecial-use permit
A special use permit is a US term, which allows a specific exception to the zoning regulations from a list of acceptable exceptions for a particular parcel of land in a district of a particular zoning character...
occurs when a zoning regulations allows some specific exception to its regulations provided that a landowner receive a special-use permit from the local zoning authority. An example of a specific exception includes a church in a residential neighborhood. If the special-use permit deviates from zoning ordinance or the enabling statute, then an instance of spot zoning arises.
Amendment to ordinance
A local zoning authority like a city may seek to amend its zoning ordinance. If it amends it zoning ordinance but only for a parcel within a district and the parcel has a different land use characterization than the surrounding district, then an instance of spot zoning arises.Contract zoning
Contract zoningContract zoning
Contract zoning in the United States is a land use regulation where a local zoning authority accommodates a private interest by rezoning a district or a parcel of land within that district, on the condition that the limitations or restrictions set by the town for those parcels are accepted by the...
occurs when a local zoning authority accommodates a private interest by rezoning a district or a parcel of land within that district. Then the private interest may then be allowed to develop the land where before the zoning regulations prohibited such a land use. This is spot zoning in all instances.
Selective non enforcement
Another form of spot zoning is when a local government enacts zoning regulations and then decides to suspend them when the owner is politically connected or a local government official. In that situation the adjoining neighbors are prohibited from doing whatthe politically connected property owner is allowed to do, such as adding an apartment over a garage, converting a single family home to a commercial establishment, or otherwise increasing density. Often the additions or new buildings are simply built without a permit or variance. Sometimes when adjoining neighbors complain they are criminally prosecuted for complaining.