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Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use in check, the authors of the Long Island Land Use and Zoning blog are closely monitoring how...more

Modern Convenience Stores Restricted by “Inconvenient” Zoning Rules

The history of convenience stores in the United States can be traced back to 1927, when an employee of the Southland Ice Company in Dallas, Texas, realized that people needed a place where they could buy basic necessities...more

Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations

The backyard chicken movement that has been rapidly gaining momentum across the United States has firmly taken hold on Long Island.  The desire for homeowners to raise chickens takes various forms and can be rewarding on many...more

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

The Hempstead Town Board recently approved a sweeping rezoning of portions of North Lawrence and Inwood that are designed to encourage mixed-use, commercial and transit-oriented developments....more

East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation

A Town of East Hampton resident can continue to operate a home-based dog-walking and pet sitting business after the East Hampton Zoning Board of Appeals voted unanimously to overturn a previous determination by the Town’s...more

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Town of Southold Expands Scope of Agricultural Use

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning Code as it relates to agricultural uses. Specifically, the local law amends and adds certain definitions to the Code...more

Can Zoning Stop Property Owners from Renting?

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

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