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 the legislative body during the immediately preceding original or comprehensive rezoning were incorrect, which is also referred to as a "mistake of fact."⁹⁵ Zoning will not be disturbed for mistakes of judgment or policy considerations not undertaken during the comprehensive process. Even with very strong evidence of change or mistake, piecemeal zoning may be granted, but is not required to be granted, except where a failure to do so would deprive the owner of all economically viable use of the property.⁹⁶

A floating zone piecemeal rezoning constitutes an extension of the comprehensive zoning process whereby the zoning authority authorizes an administrative body to rezone a property based on certain criteria that are set forth at the time of comprehensive zoning. Although the processing, review, and grant of a floating zone follows the same quasi-judicial process as Euclidian piecemeal rezoning, the change-mistake rule does not apply.⁹⁷ The term "floating zone" is derived from the availability of the zoning designation "floating" over the entire county or municipality until a property owner applies to have the zoning designation "descend[ ] upon" their land thereby...