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Mr. Reynolds said. Rezoning only the Cash Store lot to accommodate Mr. Giles would constitute “spot zoning” and is thus illegal.
But he gave the council several alternatives which would allow Mr. Giles to accomplish his plans for the general store. First, the town’s zon-s^ ing ordinance could be amended to allow up to three apartments and governmental offices in village residential areas by special use permit.
Another option, he added, would be to rezone that lot and some adjoining properties to village mixeduse. “Zoning for the economic benefit of an individual is illegal, but if a public purpose is met... if it’s in the interests of the citizens of the town to have more apartments in that area, then you can do it,” Mr. Reynolds said.
The key to legally rezoning properties, he said, is to connect any new mixed-use zone to properties already zoned in that category.
Mayor Dean Morehouse said that he was comfortable with either option, but noted that since he owns property on the block under consideration, he would abstain from any decision on rezoning that area.
Mrs. Thomasson said that she preferred to rezone the block as opposed to amending the ordinance.
“Absolutely,” agreed council
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