“Spot Zoning” For St. Aloysius?
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Faced with a stumbling block at the Preservation Review Board last week word on the street is that Alderman Joe Vollmer is considering introducing a bill to the Board of Alderman to exclude the single parcel in question from the Preservation Review District. If so, this would sound like “spot zoning” to me.
From Law.com:
n. a provision in a general plan which benefits a single parcel of land by creating a zone for use just for that parcel and different from the surrounding properties in the area. Example: in a residential neighborhood zoned for single-family dwellings with a minimum of 10,000 square feet, the corner service station property is zoned commercial. Spot zoning is not favored, since it smacks of favoritism and usually annoys neighbors. [emphasis added] An existing commercial business can be accommodated by a “zoning variance” (allowing a non-conforming use for the time being) or a “grandfathered” right to continue a use existing when the zoning plan was adopted and which will terminate if the building is torn down.
Spot Zoning typically applies to say residential verses commercial — the use zone for a particular parcel. At this point I’m not certain how Missouri law applies to Historic & Preservation Review Districts but these do form a type of zoning. Any attorney out there know more about spot zoning?
What we do not want are Aldermen excluding individual parcels or entire neighborhoods from the review process. If so these neighborhoods risk losing the buildings that give them the character that people seek. The Preservation Review ordinance has excellent criteria and should not be skirted simply because they don’t like the outcome.
– Steve