Saturday, September 26, 2009

Spot Zoning

This is when a small parcel of land is granted different zoning than the parcels that surround it.

By its very nature, the zoning map is intended to be painted with a broad brush. Unchecked, the pointillism of spot zoning will gradually overpaint the map until there are no zones, only parcels.

I have looked at countless proposals for zoning changes and have come to the conclusion that there are only five good reasons to grant such a change

#1, The original zoning is a mistake.
Someone may have made an error, or the zoning is the result of previous spot zoning, or it reflects some use (like night offal removal) that is no longer feasible.
#2, There is a genuine hardship.
A hardship is when you cannot build the size building your zoning’s FAR allows on your size lot. Everyone claims to have a hardship. A small lot is not a hardship, a triangular lot is not necessarily a hardship, and having paid too much for your lot is not a hardship.
#3, The change is needed to create a transition zone between districts with widely differing bulk, density or use standards.
#4, The proposed project or use is highly beneficial to the community and a change is needed to achieve this.
#5, The project is in a blighted area, and the developer deserves a cookie for having the stones to build there.

You will notice that the phrase “To make more money”, is nowhere on this list

Paul K. Dickman