Land Use & Zoning

Spot zoning is generally considered:

AA legitimate exercise of police power to encourage development
BArbitrary and potentially illegal — singling out one parcel for a different zone than surrounding land without justification✓ Correct
CPermitted when the property owner requests it
DA type of variance

Explanation

Spot zoning is the arbitrary rezoning of a small area differently from surrounding properties without a reasonable planning justification. Courts have often found spot zoning invalid because it does not further the public welfare and is considered arbitrary.

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