California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A city council rezones one small parcel surrounded entirely by single-family homes to allow a gas station, benefiting only that parcel's owner and inconsistent with the surrounding residential character. This zoning action is an example of:
- AA conditional use permit
- BSpot zoning
- CLegal nonconforming use
- DA zoning variance
Show answer & explanationAnswer & explanation
Correct answer: B. Spot zoning
Spot zoning occurs when a small parcel is zoned differently from surrounding land in a way that benefits only that owner and is inconsistent with the comprehensive plan for the area; courts often find such zoning invalid as arbitrary and not in the public interest.
Why the other options are wrong
- A. A conditional use permit allows a specific use under conditions within an existing zone, not a rezoning.
- C. Legal nonconforming use is a preexisting use that predates a rezoning, not a new rezoning benefiting one parcel.
- D. A variance grants relief from a specific development standard, not a change in zoning classification.
Spot Zoning
An arbitrary rezoning of a small parcel of land that is inconsistent with surrounding zoning and the general plan, typically benefiting only that owner.
- Often challenged and invalidated by courts as improper
- Usually inconsistent with the city's general plan
- Differs from a legitimate zoning change serving broader public interest
Memory trick: A single spot rezoned just for one owner — that's spot zoning.