Local zoning authorities sometimes become frustrated by the inflexibility of standard zoning. Situations arise where a community feels that rezoning a parcel for a particular use would benefit the community, but, if the rezoning is granted, other less desirable uses could also be developed under the new zoning district. Officials ask, "Can't we zone for the particular use which this applicant has in mind?"

Frustrations also occur when communities become impressed with the construction plans brought in by a developer seeking a zoning change. While under the influence of these plans and promises, the rezoning is adopted. Later on, the actual development may turn out substantially different from what was expected. Sometimes development does not take place at all and the land is held for speculation with the new zoning classification in place.

In searching for ways to deal with these circumstances, two devices have evolved that are commonly referred to as "contract zoning" and "conditional zoning." Both attempt to provide guarantees that land being rezoned will be compatible with the surrounding area by imposing special conditions--conditions more precise and more restrictive than those applied to other similarly zoned lands. Controversy about the use of these devices has developed because the state zoning legislation does not mention them. In the absence of any legislative directive, the use of these devices by local units of government is governed by evolving precedents being established by decisions of the Wisconsin Supreme Court.