The plan commission often has a quandary; approve the development and risk making an improper, if not illegal decision, or deny the development which would have financially improved the community. Spot zoning is, in fact, often thought of as the very antithesis of plan zoning.
Importantly, each claim of spot zoning must be considered based upon its own factual scenario. For instance, in Griswold v. Homer, 3 the Alaska Supreme Court found spot zoning to exist by considering a cost benefit analysis, as well as the size of the parcel in question and the rezoning in relationship to the comprehensive plan. Critically, it found that the spot zoning was absent because, among other things, the underlying ordinance resulted in genuine benefits to the City of Homer as a whole, and not just to the particular land owner.
Additionally, improper spot zoning is less likely when the disputed area is characterized by mixed uses or transitional areas. In other words, spot zoning is more frequently found in residential than in commercial neighborhoods. These usually last for a specified time, and only allow the activities that are specifically addressed in the permit. Some examples of spot zoning requests include: conducting business activities in a residential area and vice-versa ; adding new features or structures to an existing building; accessing natural resources that were previously protected; changing the appearance of a building; or changing property boundary lines.
Spot zoning is generally held to be legal, since any non-conforming uses need to be approved by a local government board. However, many view the practice of spot zoning as unfair, since one portion of land is basically given special treatment compared with the rest of the zone. When considering whether to approve spot zoning or not, the local government will usually consider several factors, include: how the changes would affect the surrounding neighborhood; whether the activities are generally acceptable in the area; and whether there is a history of granting variances for such requests.
Some less controversial forms of spot zoning may include: allowing non-conforming activities only for a certain time until the entity is able to implement other options; temporarily allowing non-conforming uses to continue after a new zoning law is enforced; or granting variances to businesses already in existence in the area. Spot zoning may sometimes be necessary for some types of residential and business purposes. If you need assistance with zoning laws, you may wish to contact a real estate lawyer in your area for advice.
Whether you are seeking to apply for a variance, or are trying to prevent spot zoning from occurring in your neighborhood, the services of an attorney are going to be indispensable. A qualified lawyer can explain your options under local laws. Ken LaMance. Ken joined LegalMatch in January Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone.
Ken holds a J. Town Board of the Town of Bethlehem , A. During these discussions, CMI agreed to scale down its proposal, reducing the number of units proposed from to 94, and submitted revised architectural renderings. CMI subsequently submitted its application for building project approval and, in accordance with established procedure, the town board again referred the application to the planning board for consideration. Following a public hearing and the submission of various materials addressing, among other things, parking and traffic issues, the planning board recommended that the town board approve the facility.
The town board did so. The court granted summary judgment in favor of the town board. The plaintiffs appealed to the Third Department, which affirmed. The most important thing is consistency with the master plan. Remember, the master plan should have been prepared with extensive public engagement and that process is intended to create a consensus vision of future land use and infrastructure — including the future configuration of zoning districts.
This article was published by Michigan State University Extension. How to spot a spot zoning. To be considered a spot zone, the property, in most cases, must meet the following four criteria: The area is small compared to districts surrounding the parcel in question.
The new district allows land uses inconsistent with those allowed in the vicinity. The spot zone would confer a special benefit on the individual property owner not commonly enjoyed by the owners of similar property. The existence of the spot zone conflicts with the policies in the text of the master plan and the future land use map.
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