Land Use & Zoning
What is 'spot rezoning' and why is it generally disfavored in Rhode Island?
ARezoning large tracts for mixed use
BRezoning a single parcel differently from adjacent parcels in a way inconsistent with the comprehensive plan, often seen as arbitrary and granting special privileges✓ Correct
CEmergency rezoning for disaster recovery
DTemporary rezoning for seasonal uses
Explanation
Spot rezoning is the arbitrary rezoning of a single parcel inconsistently with the comprehensive plan and surrounding zoning, often for the benefit of one owner. Rhode Island courts have generally struck down spot rezoning as illegal arbitrary and capricious government action.
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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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