So as we all know spot zoning is one of those things that citizens sometimes throw up as opposition to a project, and like pornography, most courts dont have a definition for it, but "know it when they see it."
My City is working on a new zoning map to go with our newly adopted ULDC. We have a few zoning districts for multi-family/apartments. Staff has zoned existing apartments as multi-family, even if it is only one parcel in a sea of residential or commercial. These are all apartments that have existed for at least 10 years and were permitted under our current zoning classification. If the use already exists, is zoning the property for its current use really spot zoning? I have always thought of spot zoning as granting a rezoning to a vacant piece of property that is different than the surrounding uses, i.e. zoning a commercial use in the middle of a residential neighborhood. Am I completely off base here?