News & Analysis as of

Site Plans Zoning Laws

Perkins Coie

Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots

Perkins Coie on

The Housing Crisis Act of 2019, which enacted Government Code section 66300, generally precludes a city from reducing the intensity of land use on a parcel where housing is allowed below what was allowed on January 1, 2018. ...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Bowditch & Dewey

Recently Proposed Legislation Aims to Provide Protection and Clarity for Previously Approved Projects

Bowditch & Dewey on

On January 19, 2023, Representative Kevin Honan filed new legislation entitled “An Act to Safeguard Municipal Permitting” targeted at addressing special permit protections and timelines for previously approved projects. This...more

Farrell Fritz, P.C.

Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval

Farrell Fritz, P.C. on

In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct...more

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...more

Womble Bond Dickinson

Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

Womble Bond Dickinson on

Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina Beach, decided October 15, 2019. In April 2017, the Town approved a site plan and conditional use permit that provided interconnectivity...more

Bilzin Sumberg

Coral Gables Zoning Law: Mixed Use Development Overview

Bilzin Sumberg on

The clear evolution of infill real estate redevelopment in South Florida and Greater Miami is towards a true mixed-use environment that makes areas desirable places to work, live, and play.  Coral Gables, with its vibrant...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Farrell Fritz, P.C.

The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

Farrell Fritz, P.C. on

While the Town of Halfmoon (“Town”) in Saratoga County, New York,  may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more

Farrell Fritz, P.C.

Stopping A Zoning Enforcement Action In Court

Farrell Fritz, P.C. on

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more

Farrell Fritz, P.C.

Third Department Says “Yes” and Upholds Wedding Venue as Custom and Incidental Accessory Use

Farrell Fritz, P.C. on

Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s use of property. Accessory uses are incidental and customary to the principal use...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

Farrell Fritz, P.C. on

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Farrell Fritz, P.C.

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more

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