An individual has been operating a trucking business from his farm in an adjacent municipality. The agricultural zoning does not permit this use, yet it has continued for several years. The master plan for the town shows future residental development in this location and all around it. The city's master plan is in agreement, showing future residential development. The property is even in the city's sewer service area (urban service area). Finally confronting the issue of an illegal use, the owner applied to rezone several acres to a manufacturing district. The city was never notified that this item was up for consideration at the meeting. The Land Use Committee recommended approval.
Is this spot zoning?
Does it fail to meet the consistency requirement in state statutes?
Could the decision (if it is approved by the county board) be successfully challenged in court?