Tuesday, February 23, 2010

Illegal Spot Zoning Attempt Denied

A rather common practice of potential billboard owners is to attempt to reclassify agricultural or residential property to commercial or industrial in order to allow for a billboard. What is disconcerting is when local government officials seem prepared to accommodate such requests.

But planners in Dyer County, Tennessee had to drop an effort to rezone a small portion of agricultural land in order to accommodate a billboard after learning from TDOT that such "spot zoning" is illegal and runs afoul of both the letter and spirit of the Highway Beautification Act, which only permits billboards in commercial or industrial areas.

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