Zoning is pre-dispute planning where the government restricts the purposes that land can be used for in order to prevent nuisances.
A zoning ordinance can only be found unconstitutional if its "provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." Village of Euclid.
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.
A special use permit, also called a conditional use permit, allows a parcel to be used in a manner it is not zoned for, but the ordinance must also authorize officials to grant permission for this specific use.
A nonconforming use is a pre-existing use that does not conform to the zoning ordinance but is grandfathered in.
This prevents the community from dictating what a private individual can do with his land.
However, nonconforming uses cannot be expanded. This is to encourage the landowner to move to a properly zoned area and to promote the ultimate elimination of nonconforming uses.
Most zoning acts allow boards to grant variance from the strict letter of the zoning ordinance. This allows an alternative when individual landowners would otherwise suffer special hardship from the application of the ordinance, but it should be exercised sparingly.
An area variance authorizes deviation from the dimensional limitations of the property, such as restrictions on the size or height of buildings or buildings' placements.
A use variance is one which permits a use other than what is prescribed by the zoning ordinance.
Use variances are not permitted in all jurisdictions.
For a variance to be granted, the applicant must show that relief is necessary to prevent unnecessary hardship to the property owner and that it is not contrary to the public interest.
Unnecessary hardship means that the property owner is unable to yield a reasonable return due to the unique character of the property.
