Spot Zoning: “A zoning ordinance or amendment, which singles out a relatively small tract owned by a single person, so as to restrict or relieve the small tract from zoning restrictions to which the rest of the area is subjected.”
In other words, spot zoning is allowing a small parcel of land to be used in drastically different manner than that of nearby parcels. However,spot zoning can be considered illegal because it is an arbitrary and capricious departure from a larger, more comprehensive plan. Let us not forget that the power to regulate land use comes from our state constitution — and the statute states that zoning should be accordance with a greater comprehensive plan (TEX. LOC. GOV’T CODE §211.004).
Spot Zoning or special treatment is precisely what the developer is seeking in his rezoning request. Lets take a close look at the color-coded map and in particular, lets look at 815 N. Hampton and the adjoining parcels. This parcel of the proposed multi-family development is completely surrounded by single-family lots and clearly illustrates how the developer is seeking special treatment by having the parcel’s zoning changed to multi-family.
