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Commentary

Incentive Zoning

 

Abstract

Incentive zoning may be confused with the flexible zoning techniques of contract, conditional, and discretionary zoning. Contract, conditional, and discretionary zoning are quite different, since their inherent flexibility offers participants wide latitude in working out the terms of a particular development project. The bargaining involved in these flexible zoning techniques means that they share with incentive zoning the common characteristic of the quid pro quo: A municipality relaxes or modifies a zoning requirement in return for something it judges to be of greater value than what would be accomplished by strict adherence to the requirement.

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