Had a case come to the planning board last night. 2.28 acre tract surrounded completely by residential seeking to rezone to industrial. I'm no lawyer, but I have a hard time believing it would stand up to spot zoning review at an appellate level.
It should be noted that I am in North Carolina where spot zoning is not illegal per se, it's one of those things where the court ultimately decides, but the case law is fairly clear on what to look for.
Thing is, if we do not at least take the chance at things like this, we will have absolutely no way to grow economically. How do smaller rural communities justify a spot zoning? Commercial for us is no real issue as the list of permitted uses in that district is low, and all permitted uses are in keeping with a residential area...it's the industrial that gets us. I would hate to handicap any sort of development like this in a very rural and economically depressed county. Of course the board would remain mindful of existing residential development.
Thanks for any help.