News & Analysis as of

Urban Planning & Development Local Ordinance

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

by Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

Tiny Houses Gain Momentum in Florida

We have previously discussed on our blog the tiny house movement and the possibility of this growing trend ameliorating the shortage of affordable housing in the Sunshine State. The second annual Florida Tiny House Festival...more

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

by Womble Bond Dickinson on

In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Miami-Dade County Adopts New P3 Legislation

by Bilzin Sumberg on

We previously wrote about Miami-Dade County’s proposed new P3 legislation, both when it was initially proposed, and prior to it being considered by the subcommittee of jurisdiction, the Government Operations Committee....more

Art in Public Places: Regulatory Burden or Opportunity?

by Bilzin Sumberg on

The concept of art in public places is well-established in the United States. As early as the 1930s, the federal government created New Deal programs that paid artists to create works of art for display in municipal buildings...more

New Legislation Limits Government Zoning Regulations

by Ruder Ware on

New legislation has been signed by Governor Walker that limits the ability of local governments to control certain zoning regulations and requires greater flexibility in the approval of conditional use permits. Under 2017...more

Alleging and Proving Standing to Challenge Rezoning

by Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

Fourth Circuit Affirms Dismissal of Constitutional Challenges to Zoning Ordinance Changes

On October 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Siena Corporation v. Mayor and City Council of Rockville, Maryland, et al. The Court of Appeals affirmed the lower court’s decision to...more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant....more

City Passes New Affordable Housing Requirements in Three Pilot Zones

by Foley & Lardner LLP on

On October 11th, the Chicago City Council passed two ordinances creating three new Affordable Requirements Ordinance zones. The new requirements eliminate the option to pay an in-lieu fee in the pilot zones, and require...more

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

by Snell & Wilmer on

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Expanded ARO pilot program poised for Chicago City Council approval

by Thompson Coburn LLP on

Earlier this week, after a four-hour hearing, the Chicago City Council’s Committee on Housing and Real Estate recommended approval of a three-year pilot initiative to expand and modify the City of Chicago’s Affordable...more

Town vs. Gown - How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities

by Best Best & Krieger LLP on

There are more than 150 four-year colleges and universities currently operating in the State of California. From the University of California’s nine campuses, to the California State University’s 23 campuses, and the more...more

Well, Isn't That a Special Use? Navigating the Special Use Permit Process in North Carolina

by Ward and Smith, P.A. on

North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in their zoning regulations. A special use permit...more

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program.....more

Coming Soon - The City of Santa Barbara’s New Zoning Ordinance

On Tuesday, July 11, 2017, the Santa Barbara City Council will consider a new zoning ordinance for the city. If the council votes to introduce and subsequently adopt the new zoning ordinance (NZO), it will be effective 30...more

Update – City of Los Angeles Affordable Housing Linkage Fee

The City of Los Angeles continues to move toward the adoption of an ordinance that establishes an Affordable Housing Linkage Fee (Ordinance). As currently proposed, the key provisions of the Ordinance are as follows...more

Town of Southold Expands Scope of Agricultural Use

by Farrell Fritz, P.C. on

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

Ting Density Bonus Legislation Now Limited to San Francisco

As reported in our prior blog post, Assemblymember Phil Ting (D – San Francisco) introduced amendments to the State Density Bonus law (AB 915) that would specifically require all local jurisdictions to impose their local...more

Henrico County Begins Updating Zoning and Subdivision Ordinances

by McGuireWoods LLP on

Developers in Henrico County, Va., have long known that the county’s zoning and subdivision ordinances lack the flexibility needed for multifaceted projects or those outside the “traditional zoning box.” This has often...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

Preservation by Law May Become Par for the Course-Brookhaven Town Rezones Golf Courses

by Farrell Fritz, P.C. on

The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps towards fulfilling its endeavor. On March 2, 2017, the Brookhaven Town Board unanimously adopted two...more

Wading Through the Flood of New Housing Legislation

Having trouble keeping up with the seemingly endless torrent of new housing laws? You are not alone. Here is our summary of the key pending State and San Francisco legislation aimed at increasing housing/affordable housing...more

Ting Legislation Seeks to Pave the Way for Fees on Density Bonus Units

Assembly member Phil Ting (D – San Francisco) introduced new amendments to the State Density Bonus law on March 15, 2017 that would specifically require local jurisdictions to impose their local inclusionary housing...more

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