Land Use & Zoning
What is 'spot zoning' and why is it often challenged in Delaware?
AZoning that designates certain spots for historic preservation; challenged as too restrictive
BThe rezoning of a small parcel inconsistent with surrounding uses, often for private benefit; challenged as arbitrary✓ Correct
CA zoning designation for specific businesses like auto dealers
DTemporary zoning for seasonal uses; challenged as discriminatory
Explanation
Spot zoning is the rezoning of a single parcel in a manner inconsistent with the surrounding zoning and the comprehensive plan, often for the benefit of one owner. It is frequently challenged as arbitrary and illegal.
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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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
VarianceOfficial 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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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