Bird-Kendall – Spot Zoning Case

Bird-Kendall Homeowners’ Association v. Metro. Dade County Bd. of County Commissioners, 695 So. 2d 908 (Fla. 3d DCA 1997).

The Bird-Kendall decision represents the leading, most comprehensive, and most biting criticism of illegal spot zoning in Florida’s land use jurisprudence. 

The appellate court was so offended by illegal spot zoning of a  .23 acre parcel of land from Agricultural (AU) to liberal business (BU-3) that it wrote, “The extent of the violation of this principle is so pronounced in this case that the term “spot zoning” does not do it justice. Perhaps “melanoma zoning” or, for short, “melazoning” would be more appropriate.” 

Spot zoning is the name given to the piecemeal rezoning of a small parcel of land to a greater density then previously allowed. In Bird-Kendall, the County rezoned .23 acres of land from the most restrictive zoning (Agricultural) to the most liberal commercial zoning (BU-3). Notably, the disputed unfolded in an area of Miami-Dade County known as Horse Country. A deliberately rural part of the County where a minimum lot size of five (5) acres prevails.

The decision arose from the combination of the small size of the parcel (.23) acres, the intensity of the upzoning (from AU to BU-3), and five (5) acre minimums in the area.

We believe, however, that the doctrine of spot-zoning has outlived its use purpose in today’s age of comprehensive planning and Florida’s requirement of comprehensive plan consistency. The doctrine of spot zoning has been improvidently coopted by anti-development forces to forestall sound development decisions that are consistent with a local jurisdiction’s comprehensive plan.  See the case file here.