Land Use & Zoning
Spot zoning is generally considered illegal because it:
ACreates a zone that is too large
BRezones a small parcel inconsistently with surrounding land for the benefit of a particular owner✓ Correct
CChanges agricultural land to residential without a public hearing
DApplies to more than one property at a time
Explanation
Spot zoning is the arbitrary rezoning of a small area in a way that is inconsistent with surrounding land uses and the comprehensive plan, primarily benefiting one property owner. Courts generally void spot zoning.
Related North Dakota Land Use & Zoning Questions
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