Also known as: rezones · rezoned · rezoning · rezonings · zone change
Written by attorneys · grounded in primary & secondary sources — see below
A legislative act by which a municipality amends its zoning ordinance or map to alter the permitted uses or density for a parcel or area. The amendment must follow notice and hearing procedures and bear a substantial relation to public health, safety, morals, or general welfare.
Ryan Roberts operated a small manufacturing shop on land zoned industrial when he bought it. The city later rezoned the area residential. Roberts continued the shop as a nonconforming use and retained the right to keep operating because the use was lawful when established.
Ralph Richardson obtained a building permit for a commercial project under existing zoning and spent substantial sums on site preparation. The city then rezoned the parcel to residential use only. Richardson retained the right to finish the project because the good-faith expenditures created a vested right that the rezoning could not defeat.
Select any source to read its text and confirm it supports the definition.
Roberto Reyes owned a tract the city rezoned from agricultural to mixed-use after published notice and a public hearing. The amendment addressed traffic and housing needs and applied uniformly to the surrounding area. The rezoning took effect because it satisfied procedural requirements and advanced public welfare.
Rina Rahman asked the city to rezone her single lot from residential to commercial while neighboring parcels stayed residential. The change would have benefited only her parcel and lacked any public purpose tied to the comprehensive plan. The rezoning was invalid because it singled out one owner without a legitimate community benefit.
Rajesh Rao applied to rezone land for a retail center and agreed to limit building height and add traffic improvements. The city granted the rezoning subject to those conditions. The conditional rezoning became effective because it met statutory procedures and the agreed restrictions addressed public concerns.
Rowan Russell sought rezoning to build multifamily housing in a single-family zone. The village denied the application after residents raised concerns about the future residents. The denial stood because the record showed legitimate land-use reasons rather than improper motive.
The rezoning must bear a substantial relation to public health, safety, morals, or general welfare and must be consistent with the comprehensive plan. When the change benefits only one parcel without a legitimate public purpose, courts may invalidate it as arbitrary.
No. The owner generally retains a vested right to continue the use that was lawful when established. The right may be lost only through abandonment, statutory discontinuance, or a reasonable amortization period in some jurisdictions.
A vested right arises when the owner obtains a valid permit or relies on existing zoning and then makes substantial good-faith expenditures or changes position. Once vested, the rezoning cannot defeat those expectations.
The legislative body must provide notice and hold a public hearing. The amendment must also satisfy substantive requirements of relating substantially to public welfare and avoiding arbitrary spot zoning.
Conditional zoning imposes applicant-agreed restrictions such as height limits or traffic improvements in exchange for the zoning change. It remains subject to the same notice, hearing, and public-welfare requirements as other rezonings.
…The record specifically refers to only two such efforts: that of Penfield Better Homes Corp., in late 1969, to obtain the rezoning of certain land in Penfield to allow the construction of subsidized cooperative townhouses that could be purchased by persons of moderate income; and a similar effort by O'Brien Homes,…