Understanding Spot Zoning
by Robert C. Widner, Esq.
Attorney Bob Widner reviews the basics of "spot zoning."
Most planning commissioners have heard the impassioned cry that
a particular rezoning decision will constitute an invalid "spot
zoning." This allegation typically arises where the community is
considering the rezoning of a single lot or small parcel of
property held by a single owner and the rezoning will permit
land uses not available to the adjacent property.
Because spot zoning often focuses on the single parcel without
considering the broader context, that is, the area and land uses
surrounding the parcel, it is commonly considered the antithesis
of planned zoning. While rezoning decisions that only affect a
single parcel or small amount of land are most often the subject
of spot zoning claims (as opposed to rezonings of larger areas),
a locality can lawfully rezone a single parcel if its action is
shown to be consistent with the community's land use policies.
As I will discuss shortly, courts look to the community's
comprehensive plan, or to other planning studies, in determining
whether the rezoning is, in fact, consistent with local land use
policies.
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