[1] Contract zoning is a contentious practice in that, by definition, it involves public servants or officials, namely an Urban planner, working outside of a locality’s general plan.
Opponents of contract zoning are wary of the practice insofar as it might lead to “arbitrariness and random decision making”[2] in land use planning and thus the overall design of a locality.
[3] In recent decisions, however, state courts have tended be more accepting of contract zoning as long as the rezoning to accommodate the private interest does not impede the municipality’s ability to use police power.
[3] An example of an early, often cited [2] decision regarding contract zoning is Church vs. Town of Islip (New York 1960) in which the court found the practice to be illegal, stating: "Zoning of properties by a municipality, being legislative in character, cannot be bargained or sold.
Specifically, conditional use zoning occurs when a governmental body, without committing its own authority, secures a given property owner's agreement to limit the use of his property to a particular use or to subject his tract to certain restrictions as a precondition to any rezoning.