Conditional Zoning Law and Legal Definition
Conditional zoning means a zoning in which, the governmental body allows a change in zoning activities subject to certain conditions that are designed to protect adjacent land from the loss of use value which might occur, if the new zoning activities are allowed without any sort of restrictions. The restrictions that are imposed for conditional zoning are not usually on similar zoned property.
In Chrismon v. Guilford County, 322 N.C. 611 (N.C. 1988), the court observed that “Conditional zoning is an outgrowth of the need for compromise between the interests of the developer seeking appropriate zoning changes for his tract, and the neighboring landowner whose property interests would suffer if the most intensive use permitted by the new classification were instituted. In an attempt to reconcile these conflicting pressures, the municipality will authorize the proposed change but minimize its adverse effects by imposing conditions.”
