06.01 - Req for Appeal-Dog Boarding-Public Hearing

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D. Unless specifically allowed, no more than four leases per year, per dwelling are allowed. 7. Criteria for land use categories: B. Present ownership and development. L. Conflicts between land uses and impacts of commercial uses or higher densities on adjacent properties. M. Alternatives available for desired land use. N. Prevention of spot zoning. Comment: We assume that the classification of a Kennel as CUP in RR, was done in good faith, or perhaps as an oversight. However, the topic of spot zoning, is relevant to the approval of the CUP in consideration of the overwhelming alternatives and information that was available to render a decision, particularly that within the Code itself. Spot Zoning defined. (1) The granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area. (2) an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance. It is an invalid exercise of authority, if spot zoning is not a right conferred upon the body by the state's zoning enabling statute, because it deviates from the plan set out by the enabling statute. �.,. (3) 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. 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. Because spot zoning often focuses on the single parcel without considering the broader context, that is, the area and land uses surrounding the parcel, it is commonly considered the antithesis of planned zoning. While rezoning decisions that only affect a single parcel or small amount of land are most often the subject of spot zoning claims (as opposed to rezonings of larger areas), a locality can lawfully rezone a single parcel if its action is shown to be consistent with the community's land use policies. Courts look to the community's comprehensive plan, or to other planning studies, in determining whether the rezoning is, in fact, consistent with local land use policies. Page 10 of 20