Also known as: general plans · comprehensive plan
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A municipal document that establishes zones for different types of development, uses, traffic patterns, and future growth. Amendments to zoning ordinances must remain consistent with the plan and bear a substantial relation to public health, safety, or general welfare.
A municipal document that establishes zones for different types of development, uses, traffic patterns, and future growth. Amendments to zoning ordinances must remain consistent with the plan and bear a substantial relation to public health, safety, or general welfare.
Select any source to read its text and confirm it supports the definition.
A coordinated scheme for developing a tract or subdivision under which conveyance of lots implies reciprocal servitudes benefiting each included parcel. Each lot within the plan becomes the implied beneficiary of servitudes created to carry out the scheme.
Select any source to read its text and confirm it supports the definition.
A coordinated scheme for developing a tract or subdivision under which conveyance of lots implies reciprocal servitudes benefiting each included parcel. Each lot within the plan becomes the implied beneficiary of servitudes created to carry out the scheme.
Each sense below has its own examples, sources, and questions.
Gideon Graves owned a lakeshore parcel zoned for conservation. The city council amended the zoning map to permit a research center on only that parcel after notice and hearing. Graves sued, arguing the change conflicted with the comprehensive plan's no-development corridor. The court examined whether the amendment served a legitimate public purpose or amounted to arbitrary spot zoning.
Grace Gupta acquired land previously zoned for apartments. The city rezoned it to low-intensity office uses under its comprehensive plan to address traffic and school capacity. Gupta sued, claiming the change lacked a substantial relation to public welfare. The court assessed whether the ordinance advanced legitimate community goals.
Gino Giordano sought to develop property in a manner barred by a newly adopted comprehensive plan. Local officials denied permits, citing the plan's allocation of uses. Giordano challenged the denial as inconsistent with prior expectations. The court reviewed whether the plan controlled the zoning decision.
Rezoning must remain consistent with the comprehensive or general plan and bear a substantial relation to public health, safety, or general welfare. A change that benefits only one parcel without a legitimate public purpose may constitute invalid spot zoning.
Supporting sources
No. A single-parcel amendment is not invalid if it advances a legitimate public purpose such as conservation education or habitat restoration and complies with procedural requirements. Courts balance the single-parcel nature against community-wide benefits and plan consistency.
Supporting sources
Genesis Pharmaceuticals purchased an outpad parcel in a lifestyle center developed by Greenleaf Farms. The recorded plat showed shared parking and pedestrian corridors on the core parcel. Genesis's deed referenced participation in the coordinated project. When Greenleaf Farms later blocked access, Genesis claimed implied rights under the general plan of development.
Gordon Gray bought lot 12 in a subdivision where the developer had recorded servitudes for common roads and open space on the central parcel. Gray's deed mentioned the overall coordinated layout. When the developer attempted to restrict Gray's access, Gray asserted beneficiary status under the general plan.
Gustavo Gutierrez purchased a lot in a tract where the developer had imposed single-family restrictions on most parcels under a coordinated scheme. Gutierrez later sought to build a multi-family unit. Neighboring owners invoked the general plan to enforce the restriction against him.
Conveyance of land pursuant to a general plan of development implies servitudes unless facts indicate contrary intent. Each lot included in the plan becomes the implied beneficiary of servitudes imposed to carry out the plan.
Supporting sources
Recorded plats showing coordinated layout, deeds referencing participation in a unified project, and servitudes created expressly to implement the scheme indicate inclusion. Separate plats or declarations for distinct subdivisions may show the parcels fall outside one plan.
Supporting sources
…districts is not a declaration that such places are nuisances or that they are to be suppressed as such, but it is a part of the general plan by which the city’s territory is allotted to different uses in order to prevent, or at least to reduce, the congestion, disorder and dangers which often inhere in unregulated municipal…