National Real Estate Exam (PSI)Land Use Controls and RegulationsHard
A city council rezones a single lot in the middle of an established residential block to allow a gas station, benefiting only that lot's owner and with no relation to a broader zoning plan. This action is most likely an example of:
- ASpot zoning, which courts often find invalid
- BInverse condemnation
- CA legitimate use of police power
- DA valid variance granted by the zoning board
Show answer & explanationAnswer & explanation
Correct answer: A. Spot zoning, which courts often find invalid
Spot zoning occurs when a single parcel is rezoned in a way inconsistent with the surrounding area and comprehensive plan, typically benefiting one owner without a legitimate public purpose. Courts frequently strike down spot zoning as arbitrary and beyond the proper exercise of police power.
Why the other options are wrong
- B. Inverse condemnation involves a government taking property value without formal condemnation, unrelated to this scenario.
- C. Police power must serve the general public welfare in a consistent, rational manner—this action does not.
- D. A variance is an individual case adjustment, not a legislative rezoning of a parcel like this.
Spot Zoning
An invalid or suspect rezoning of a single parcel that is inconsistent with surrounding zoning and the comprehensive plan, typically benefiting one landowner without public purpose.
- Rezones one lot inconsistently with surrounding uses
- Often struck down by courts as arbitrary
- Differs from legitimate zoning amendments tied to comprehensive planning
Memory trick: One lot, one favor, one lawsuit—that's spot zoning.