Land Use & Zoning
In South Dakota, 'spot zoning' is generally considered:
AA preferred method of allowing commercial uses in residential areas
BIllegal or invalid because it singles out a small parcel for different treatment without a rational basis✓ Correct
CThe standard process for zoning changes in rural areas
DRequired for any mixed-use development
Explanation
Spot zoning — the practice of rezoning a small parcel to be inconsistent with the surrounding zoning and the comprehensive plan without a valid planning rationale — is generally considered illegal or invalid because it serves private interests rather than public welfare.
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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.
Private Mortgage Insurance (PMI)Insurance required by lenders on conventional loans with less than 20% down payment, protecting the lender — not the borrower — against default.
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.
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