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Spot Zoning

Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions.
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Spot zoning is an illegal form of zoning. This practice gets its name from the appearance of small spots of different zoning districts on a zoning map that otherwise has large contiguous areas in the same zoning district around the spots. To be considered a spot zone, the property, in most cases, must meet the following four criteria:
  • The area is small compared to districts surrounding the parcel in question.
  • The new district allows land uses inconsistent with those allowed in the vicinity.
  • The spot zone would confer a special benefit on the individual property owner not commonly enjoyed by the owners of similar property.
  • The existence of the spot zone conflicts with the policies in the text of the master plan and the future land use map.
What is Fane requesting?

The parcel in question, P42, is currently zoned as D100 as are all parcels within 1000 feet and more.  D100  means that buildings should be no taller than 100 feet.  With special rules, satisfied by the building, a D100 building can be as tall as 140 feet.  For the single parcel, P42, Fane is asking for the limit to be changed to 600 feet while the surrounding parcels remain at 100 feet.

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