Contract zoning
From Wikipedia, the free encyclopedia
Contract zoning is a land use regulation where a local zoning authority accommodates a private interest by rezoning a district or a parcel of land within that district. Then the private interest may then be allowed to develop the land where before the zoning regulations prohibited such a land use.
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[edit] Constitutionality
A contract zoning is unconstitutional because it bargains away its police power authority.[1]
[edit] Scope
While contract zoning is unconstitutional and an incidence of spot zoning, there are two alternatives similar enough to the goals of contract zoning that are constitutional.
Conditional rezoning acceptable if city imposes unilateral conditions on the private interest, which must be met for rezoning to take place.[2] An alternative constitutional approach involves rezoning the land conditionally subject to revocation of the action if the conditions are not met.[3]
