Land use and encumbrances

Downzoning

Rezoning an area to a less intensive use or a lower density

A municipality moves a district down the intensity scale — commercial to residential, or a dense residential classification to a thinner one — usually to slow growth, protect the character of an area or match infrastructure that cannot carry more. Lawful uses that no longer fit generally continue as legal non-conforming uses rather than being shut down, but the development value of undeveloped land in the district falls with the permitted density, which is why owners of vacant land object loudest.

Easily confused with

Spot zoning also changes a classification, but the objection there is that one parcel was singled out for treatment the district around it did not get. Downzoning applies to an area and is tied back to the comprehensive plan, which is why it normally survives challenge.

How the exam asks about it

Read the direction of travel. Downzoning reduces what may be built and upzoning increases it; both are ordinary exercises of police power and neither, on its own, entitles anyone to compensation.

Quick check: Downzoning

One question. Pick an answer to see the explanation.

Which term is being defined: “Rezoning an area to a less intensive use or a lower density”?

Related terms

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