courts have found spot zoning illegal on the grounds that it is incompatible with the land use-zoning plan or in an overall zoning scheme for the community

WHAT IS SPOT ZONING?

Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. For example, a park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents.

In some areas of the country the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use-zoning plan or in an overall zoning scheme for the community. Whether the exception carved out is reasonable and supported by the facts, often turns on public interest, the effect the spot zoning has on the current uses of neighboring properties, and any ramifications created by the zoning.
 

See also Miscellaneous Citations - Nuisance - Inverse Condemnation Partial Takings - Monetary Exactions -Spot Zoning

An extract from the Encyclopedia of Real Estate Terms
© 2000 Delta Alpha Publishing

Spot Zoning
1.(US)The zoning of a small area of land, or one or more properties, for a use that is not in harmony with the normal zoning plan for the area, especially if a small area is rezoned in a way that does not conform with the surrounding neighborhood. Spot zoning is normally invalid if the permitted use is very different from the surrounding area; the area involved is small; or it can be shown that the municipality has favored one landowner to the unreasonable detriment of the surrounding area, or so as to prejudice the intention of a comprehensive plan (Rockhill v. Chesterfield Tp., 23 NJ 117, 128 A.2d 473 (1957); City of Pharr v. Tippitt, 616 SW.2d 173, 177 (Tex 1981); Williams American Land Planning Law and The Police Power (1988 Revision), § 27.02).

For example, it may be considered illegal where an area of land is designated for industrial use in an area zoned residential use, even when the intention is to retain a business in a particular municipal district (Fritz v. Ashland, 348 SW.2d 712 (Ky 1961), cf. Kozesnik v. Township of Montgomery, 24 NJ 154, 131 A.2d 1 (1957)).

On the other hand, it may be valid if it is made for the benefit of the community at large, as with the rezoning corner properties for commercial use to provide services in a residential district. ‘Spot zoning’ is site specific and does not include a use that is compatible or necessary to the overall zoning, such as a neighborhood shopping center which serves the local residents.  cf. floating zone.  See also contract zoning, exclusionary zoning, special-use permit, zoning variance.

Anno: 51 ALR2d 263: Spot Zoning.

83 Am.Jur.2d., Zoning and Planning, §§ 146-159.

101A Cor.Jur.Sec., Zoning & Land Planning, § 44.

Anderson’s American Law of Zoning (4th ed. 1996), §§ 5.12-5.22.

R.A. Cunningham et al. The Law of Real Property (2d ed. 1993), pp. 572-575.

D.R. Mandelker. Land Use Law (4th ed. 1997), pp. 237-245.

Rathcopf’s Law of Zoning and Planning, Ch. 26 “Spot Zoning”.

Municipalities may rezone property in accordance with a comprehensive plan to meet the changing needs of the community As rezoning is a legislative act, the decision to rezone rests with the local legislature. A rezoning may relate to a broad area or involve single property. Rezoning applied to a single property is subject to a challenge that the rezoning constituted an illegal spot zoning. However, rezoning a single parcel of land is not necessarily a spot zoning. By definition, such a rezoning will not be an illegal spot zoning if it is in accordance with a comprehensive plan and furthers the general welfare of the community

Typically, in the case of a single property, the owner/developer may apply to have her property rezoned so he/she can proceed with a development proposal that would otherwise not be allowed. Although there is no explicit statutory authority to impose conditions case law has upheld conditional rezoning as falling within the general grant of authority by to state to local governments to regulate land use:

Conditional rezoning is a means of achieving some degree of flexibility in landuse control by minimizing the potentially deleterious effect of a zoning change on neighboring properties; reasonably conceived conditions harmonize the landowner's need for rezoning with the public interest and certainly fall within the spirit of the enabling legislation.
Pace Law School
Local Government Authority to Impose Conditions 
On Private Development Proposals