Contract zoning - sustany/dvg GitHub Wiki

Contract zoning is making a deal with a governing body to be granted exemptions to a zoning code. It was originally considered illegal, but the concept has evolved into two versions.

The first is legitimate conditional use zoning.�In this legal version, there is a unilateral promise from the landowner to the governing board.�For example, a city may decide to allow a production factory in an area where factories are not zoned if the factory will not release any emissions, excessive noise, or odors.

The second is illegitimate contract zoning. In this�illegal version, a bi-lateral contract is established between the landowner and the governing board.�For example, a city can not agree to allow a production factory in an area where factories are not zoned if the factory will pay the city a large amount of money.

Illustrative Cases:

See e.g., Cram v. Town of Geneva 190 A.D.2d 1028 (N.Y. App. Div. 1993); Save Harrison, Inc. v. Town/Village Harrison 168 A.D.3d 949 (N.Y. App. Div. 2019).