The term ‘spot zoning’ does not appear in the compiled laws of the State of Michigan, and is rarely mentioned in local zoning ordinances.  Spot zoning is a legal concept determined by judges or juries ruling on individual cases, so the meaning and interpretation of the concept can vary considerably from place to place.

Justice Potter Stweart, U.S. Supreme Court

Justice Potter Stewart, U.S. Supreme Court

The most common response I’ve heard to the question “What is spot zoning?” is an echo of Justice Potter Stewart’s quote about pornography:  “I can’t tell you exactly what spot zoning is, but I know it when I see it.”

Spot zoning refers to the rezoning of a parcel (or small group of parcels) to a district fundamentally different in character and off-site impacts from the predominant zoning of the surrounding area, or to a rezoning that is invalid because it is not in accordance with the community’s adopted master plan.  In essence, it’s zoning without a reasonable basis.

To be considered ‘spot zoning,’ a court with jurisdiction must determine that the disputed rezoning was arbitrary, and not related to public health, safety or a reasonable exercise of zoning powers.  Otherwise, the zone designation is presumed to be valid.

What does a spot zone look like?

To better recognize a spot zone, watch for any of the following characteristics that may raise red flags for a judge considering a rezoning dispute:

  • The rezoning involves a small area within a larger, homogenous zoning district.
  • The rezoning is inconsistent with the community’s master plan, assuming that the plan is up-to-date and has a reasonable basis.
  • The rezoning treats one property owner more favorably than his neighbors without good reason, where the neighboring properties are subject to similar physical circumstances and conditions.
  • The rezoning purely benefits private interests, and does not satisfy a documented public interest, or need for a particular zoning or range of uses in the community.
  • The rezoning endangers or threatens public safety, health, morals, or general welfare.

When is a spot zone not a spot zone?

The following examples of potential spot zones may be subject to careful court scrutiny:

  1. An automobile dealership has requested that a lot in an adjacent residential neighborhood, with frontage on a local street and otherwise surrounded by dwellings, be rezoned to allow for overflow parking of new cars.
  2. A resident has requested that three 6,000 square foot lots in a single-family residential neighborhood be rezoned to permit construction of an eight-unit apartment building.
  3. A developer has requested that a 50 acre parcel planned for neighborhood business and office uses and surrounded by a school, day care, medical offices and residences, be rezoned from Local Business (C-1) to Highway Commercial (C-3) to permit construction of a truck stop, trailer storage lot, gas station and car wash.

However, cries of “spot zoning” at public hearings may not always be justified, even in the situations noted above. The rezoning may be reasonable and appropriate where the proposed district conforms with the community’s master plan, or where a documented need exists for the uses permitted in the district that has not otherwise been addressed.  Reasonable grounds may also be found for the proposed rezoning based on topography, traffic, proximity to major thoroughfares or intersections, utility access, the general development pattern, or other factors.

How do we avoid accusations of spot zoning?

One way to avoid spot zoning pitfalls is to submit rezoning requests for an independent review by a professional planning consultant.  An objective assessment of the merits and issues involved often provides vital guidance to local communities facing difficult rezoning decisions.

map-brochureAnother way is to evaluate your community’s master plan, to make sure that it is reasonable and up-to-date.  Rezonings that conform with a recently-adopted plan are afforded a strong presumption of validity.  If your master plan is more than five (5) years old, it’s time for the planning commission to review the document to verify that it is still up-to-date and reflects the community’s current goals, objectives, and land use policies.

For an in-depth legal perspective on spot zoning in Michigan case law, click here to download “Removing Spot Zoning from the Fabric of Zoning Practice” from MSU-Extension.

If you would like to know more about this topic, leave a comment below or  email the Zoning Guru here.  If you would like a copy of the Michigan Association of Planning‘s excellent brochure, “How to Select a Planning Consultant,” click on the image to email your request.

© 2009 Building Place – Rodney C. Nanney, AICP (www.buildingplace.net) – All rights reserved.  Contact us here for information regarding reprinting, redistribution, or other use of this material. Excerpts may be quoted with proper attribution and a link to this website.

About the Author

As the principal planner and Zoning Guru for Building Place Consultants, Rodney C. Nanney, AICP is an innovative provider of solutions to community planning, zoning, and local economic development challenges.  Mr. Nanney is a recognized zoning expert and the creator of the Place Zoning model for mixed-use neighborhoods and walkable communities.
An accomplished writer and public speaker, he also has the all-to-rare gift among planners of being able to effectively communicate planning and zoning concepts in plain language.  He has spoken before audiences large and small, and as diverse as church groups, college students, elected officials, and elementary-age children.
Contact Mr. Nanney today about speaking at your next meeting, conference, or gathering (see below or click here to email Mr. Nanney directly).

One Response to “Have You Spotted a Spot Zone?”

  1. 10:48 pm, 4 May, 2009 р.
    Legal Help says:

    I’ve been browsing around your blog for a while but I just had to comment on this post, great information!

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