Incentive Zoning
Town Law §261-b defines "incentive zoning" as a system in which incentives or bonuses (adjustments to permissible density, area, height, open space, use, or other provisions) are granted on condition that community benefits or amenities would inure to the community. It is a negotiated mechanism where local law specifies the eligible districts, bonus structure, and benefit types.
- Where it applies
- New York State
- When it comes up
- Program entitlement; zoning amendment; negotiation
- Property types
- Mixed-use; large-scale sites; areas with public benefit objectives
In practice
Incentive zoning is an entitlement-plus-implementation system: operator success depends on converting "community benefits" into financeable and buildable line items with clear delivery standards.
Related terms
Zoning and Land Use
- Air Rights
- Area Variance
- As-of-right Development
- Authorization
- Base Height
- Base Plane
- Board of Standards and Appeals (BSA)
- Building Envelope
- Bulk
- Certification
General information, not legal, tax or financial advice.