spot zoning


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spot zoning

Changing the zoning for a particular parcel of property in order to allow uses not ordinarily permitted under the regular zoning for that area.This is a very unusual step; the more common method of reaching the same goal would be to grant a variance for a particular owner for a specific use.In an area zoned for residential use,local government might grant a variance so that a parcel can be used for a doctor's office. With spot zoning, that parcel's zoning would be changed to General Business or something similar,and any business permitted under such zoning could operate on the parcel.
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Grace then brought this suit seeking a declaration that the 1996 amendment creating the temporary open-space buffer zone was unlawful as spot zoning.
Therefore, the court said the amendments did not exceed the city's authority under its police powers and did not amount to unlawful spot zoning.
Perhaps we need a similar resolution in Southern California where our misguided Los Angeles City Council is trying to eliminate horses through spot zoning.
The state Department of Natural Resources filed suit against Kitsap County and the Board of County Commissioners claiming the ordinance was spot zoning and that it unlawfully discriminated against state trust lands -- including the Banner School property in south Kitsap County.
McCabe also disagreed with the charges of spot zoning, noting the opposite side of Route 140 is zoned for commercial use.
Also, to allow this now would be to allow spot zoning, rather than following a comprehensive General Plan.
In response to the charge of spot zoning, Town Counsel Stephen Madaus said, based off recent cases, courts have been less likely to find against the will of town meetings, unlike years past.
Coady's lawyer, Kenneth Tatarian of Boston, also argued the board decision violates state law that prohibits spot zoning.
Connor said he worried that such a narrowing of his petition article would be looked at as spot zoning by the state and declared illegal.
Some selectmen, however, said the Planning Board had suggested she go for the Central Business District zoning because it would remove the possibility that the state could deny the change to all business, ruling it as spot zoning.