Land Use & ZoningIntermediateDelaware Exam

In Delaware, what is 'spot zoning'?

ASimply the routine legal practice of zoning specific areas only for public parks and open space, a position that many in the industry would generally find reasonable

BThe illegal or improper rezoning of a small parcel inconsistently with the surrounding area and comprehensive plan, often for the benefit of a single property ownerCorrect

CZoning that identifies specific locations for affordable housing

DThe designation of coastal areas for limited development

Why The illegal or improper rezoning of a small parcel inconsistently with the surrounding area and comprehensive plan, often for the benefit of a single property owner Is Correct

Answer B: The illegal or improper rezoning of a small parcel inconsistently with the surrounding area and comprehensive plan, often for the benefit of a single property owner

Spot zoning is the rezoning of a single parcel or small area to a classification inconsistent with the surrounding neighborhood and the comprehensive plan, typically for the benefit of one landowner. Courts often void spot zoning as arbitrary and inconsistent with legitimate planning objectives.

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.