Note:
Barry Hunsaker, Jr., Conditional Zoning in Texas, 57
Texas L. Rev. 829 (1979).
Abstract:
Conditional zoning permits uses of tracts of zoned land subject
to conditions not imposed on similarly zoned land. The purpose
of these conditions is to increase flexibility and decrease the
adverse effects attendant to the rigid system of Euclidean
zoning. Conditional zoning is not expressly provided for in the
zoning enabling acts of most states, and some courts have
declared it unlawful. This note argues that conditional zoning
is a useful technique, generally supported by the police power
of the state and policy considerations. Further, this note
argues that conditional zoning is supported in Texas by existing
statutory authority.