When a property owner or developer successfully obtains a zoning change for a particular parcel of land, neighbors or other community members or groups may challenge the decision in court on the basis that it amounted to improper “spot zoning.” Numerous court opinions over the years make it clear, however, that courts are reluctant to overturn a zoning amendment on that ground when it was well-reasoned and the product of careful consideration.
Spot Zoning
Spot zoning has been defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of that property and to the detriment of other property owners. See, e.g., Matter of Daniels v. Van Voris, 241 A.D.2d 796 (3d Dept. 1997). In evaluating a claim of spot zoning, courts typically consider a number of factors, including whether the rezoning was consistent with a comprehensive land use plan, whether it was compatible with surrounding uses, the likelihood of harm to surrounding properties, the availability and suitability of other parcels, and the recommendations of professional planning staff. See, e.g., Matter of Save Our Forest Action Coalition v. City of Kingston, 246 A.D.2d 217 (3d Dept. 1998).
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