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“if you pick out a particular parcel: the question is whether there is something about that property which is distinctive from the surrounding area? The shape of the lot, traditional use, improvements - these conditions constitute legal spot zoning. As long as you follow that practice you are not engaging in bad spot zoning.”
Mr. Reynolds said that he agreed with Mr. Baumgardner, in theory. “It is spot zoning only if it is done for individual benefit. If the spot zoning is done for the general good — that is not bad spot zoning. What I’m saying is ‘Don’t zone because Wallace (Critzer) is a good guy and you want to help him out’. . . . don’t plop red (mixed use) down in the middle -you should probably zone the whole area, not just one property.”
A motion to amend the ordinances to change the mixed use districts failed by the same four to two vote as did the ipotion to amend the comprehensive plan.
Mayor Morehouse moved that the council refer back to the planning commission for more study and
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