Agenda - 02-15-2011 - 6a - Laserfiche WebLink

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29 Graham Ct. App. 1982 30.3 Residential to office/conservation Nelson Ct. App. 1986 1 lot Residential to business Chrismon Sup.Ct. 1988 5, 3 Agricultural to conditional use industrial Dale Ct. App. 1991 4.99 Residential to highway commercial Purser Ct. App. 1997 14.9 Residential to conditional use commercial Definition Rezonings that will be subjected to more intensive review as spot zoning were simply and concisely defined in North Carolina's first case on the subject, Walker v. Town of Elkin, as zoning "changes limited to small areas."[6] In 1968 in Zopfi v. City of Wilmington,[7] a case that upheld rezoning of a 60-acre parcel into three zoning districts, the court ruled that illegal spot zoning arose "where a small area, usually a single lot or a few lots, surrounded by other property of similar nature, [was] placed arbitrarily in a different use zone from that to which the surrounding property [was] made subject."[8] Four years later in Blades v. City of Raleigh,[9] a case that invalidated a 5-acre rezoning, spot zoning was more completely defined thus: A zoning ordinance, or amendment, which singles out and reclassifies a relatively small tract owned by a single person and surrounded by a much larger area uniformly zoned, so as to impose upon the smaller tract greater restrictions than those imposed upon the larger area, or so as to relieve the small tract from restrictions to which the rest of the area is subjected, is called "spot zoning: ' [ 10] There are several notable aspects to this definition. First, spot zoning can be an issue with initial zoning as well as with subsequent rezonings. Second, no specific nninimum or maximum size of area constitutes spot zoning. The size of the tract must be considered relative to the surrounding area. A 20-acre rezoning in a rural setting where that tract and thousands of adjacent acres have previously been zoned the same way may be spot zoning, whereas a 1-acre rezoning in a dense urban setting with numerous zoning districts may not be spot zoning. In the North Carolina cases that have resulted in invalidation of rezonings as illegal spot zoning, the size of tracts involved has ranged from 0.57 to 17.45 acres. Third, there is an emphasis on a very limited number of property owners being involved, "usually triggered by efforts to secure special benefits for particular property owners, without regard for the rights of adjacent landowners."[11] A large number of affected parties is more likely to bring the rezoning to broader public scrutiny. Fourth, spot zoning can be involved when the proposed new zoning requirements for the small area are either more or less strict than those for the surrounding area. The key element is that the proposed zoning is different from the other zoning, "thus projecting an inharmonious land use pattern."[12] In sum, the heightened scrutiny of spot zoning applies when there is the appearance of possible discriminatory treatment (either favorable or negative) for a few, rather than a decision based on the larger public interest. Factors in Validity A local government adopting a "spot" zone has an affirmative obligation to establish that there is a reasonable public policy basis for doing so.[13] Thus the public hearing record should reflect consideration of legitimate factors for differential zoning treatment of the property involved. Does the property have different physical characteristics that make it especially suitable for the proposed zoning, such as peculiar topography or unique access to roads or utilities? Are there