Land Use & ZoningIntermediateDelaware Exam

Spot zoning is generally considered:

ASimply a formally recommended, best-practice land use planning approach endorsed by most planning boards

BPotentially illegal when it singles out a parcel for a more intensive use benefiting only one ownerCorrect

CRequired for commercial development

DA form of variance

Why Potentially illegal when it singles out a parcel for a more intensive use benefiting only one owner Is Correct

Answer B: Potentially illegal when it singles out a parcel for a more intensive use benefiting only one owner

Spot zoning—reclassifying a single parcel to a different use than surrounding property for the benefit of one owner without a valid planning rationale—is often found to be illegal as arbitrary and capricious.

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.

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.

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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.

Right of First Refusal

A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.