Agenda - Planning Commission - 10/07/1997

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Page 2 - September 25, 1997 Z.B. Spot Zoning - Court says rezoning embodies spot zoning 'to the nth degree' Bird-Kendall Homeowners Association v. Metropolitan Dade County Board of County Commissioners, 695 So.2d 908 (Florida) 1997 The Metropolitan Dade County Board of County Commissioners rezoned a tiny, .23-acre tract of land in an area known as "Horse Country" from agricul- tural use to business use. The board admitted the only reason it rezoned the property was so the owner could operate a feed store, which was forbidden in an agricultural zone but permitted in a business zone. No other business-use zoning was nearby. The Bird-Kendall Homeowners Association appealed the board's decision to court. According to the homeowners association, the rezoning amounted to illegal spot zoning - rezoning that created a small island of property with use restrictions different from that of surrounding properties, solely for the benefit of a particular property owner. The court affirmed the board's decision, and the association appealed again. DECISION: Reversed and returned to the trial court. The board of commissioners' rezoning of the .23-acre parcel was im- permissible spot zoning. The court had to reverse the board's rezoning reso- lution. On its face, the rezoning "embodied, to the nth degree, all the evils of spot zoning." The spot was tiny, incompatible with the surrounding area, and was rezoned solely for the owner's benefit. No other land in the area was zoned for business. Allowing the land to be rezoned would change the agricultural character of the entire area, but would benefit only the owner of the prop- erty. This would harm the rest of the residents and the essential nature of the area. see also: Parking Facilities Inc. v. City of Miami Beach, 88 So.2d 141 (1956). Allapattah Community Association v. City of Miami, 379 So.2d 635 (1980). . , ..... Adult Entertainment - Can adult bookstore challenge zoning law after failing to get zoning and occupancy permits? Town of Wayne v. Bishop, 565 N. W:2d 201 (Wisconsin) 1997 Bishop and others leased a store in the town of Wayne, Wis., intending to sell "sexually explicit materials." The town passed an amendment to the zoning code, placing special restric- tions on businesses selling books or films depicting sexual conduct or nudity. The law required such businesses to apply for a conditional use permit and to locate only in the "B-2" commercial district. Bishop's store was not in this "," district. Furthermore, the town's zoning plan did not have any property zoned as "B-2." Bishop sued the town in federal court, challenging the zoning ordinance's 'j.5"