Property II

Spot Zoning

Spot zoning is when a small tract owned by a single person is given different restrictions than a surrounding area that is uniformly zoned differently.

For spot zoning to be legal, it requires a clear showing of a reasonable basis therefor.

• Factors used is determining reasonableness are:

  • the size of the tract in question;
  • the compatibility of the disputed zoning action with an existing comprehensive zoning plan;
  • the benefits and detriments resulting from the zoning action for the owner of the newly zoned property, his neighbors, and the surrounding community; and
  • the relationship between the uses envisioned under the new zoning and the uses currently present in adjacent tracts.

Illegal spot zoning is an unreasonable, arbitrary application of zoning laws to some people but not others.