Change in Zoning

V. CHANGE IN ZONING

While each jurisdiction may rezone properties at different intervals, the manner of zoning and rezoning remains the same. Zoning may either be comprehensive (covering a large area and ordinarily initiated by local government) or piecemeal (covering individual parcels, lots, or assemblages, and ordinarily initiated by the property owner). Once comprehensive zoning is approved by the legislative body, any subsequent change in designation for an individual parcel is "piecemeal zoning."

There are two types of piecemeal zoning: zoning changes pursuant to the "change- mistake" rule, or the grant of a floating zone. The "change-mistake" rule is actually two separate evaluations as to whether the original zoning, designated during the comprehensive process, should be disturbed. The "change" half of the "change-mistake" rule requires that, for a piecemeal Euclidean zoning change to be approved, there must be a satisfactory showing that there has been significant and unanticipated change in a relatively well-defined area (the "neighborhood") surrounding the property in question since its original or last comprehensive rezoning, whichever occurred most recently.⁹⁴

The "mistake" option of the rule requires a showing that the underl ying assumptions or premises relied upon by...