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Variances Local Ordinance

McNees Wallace & Nurick LLC

Zoning Variances: How a “Hardship” May Evolve Over Time

Often times, property owners wish to develop their property in a manner that differs from what is allowed by their local zoning ordinance. When this happens, the property owner must seek and obtain a “variance” from their...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

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In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

Farrell Fritz, P.C. on

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...more

Gray Reed

Gas Well Operator’s Injunction Against Texas Town is Dissolved

Gray Reed on

In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Farrell Fritz, P.C.

Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance

Farrell Fritz, P.C. on

A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted. Petitioners in 54 Marion Ave., LLC v. City of Saratoga Springs, 2018 N.Y. Slip Op. 04611, 162 A.D.3d 1341 (3d Dep’t...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Snell & Wilmer

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

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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

Pierce Atwood LLP

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

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The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more

Farrell Fritz, P.C.

Artists’ Studios in East Hampton: “Cease and Desist”

Farrell Fritz, P.C. on

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing. However, because of a long history of artists in the Town (e.g., Pollock, Willem and Elaine DeKooning), an Artist’s Studio is...more

Farrell Fritz, P.C.

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

Farrell Fritz, P.C. on

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees. To avoid the impact of sun glare, a...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

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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

Womble Bond Dickinson

A Primer on Zoning Variances in North Carolina

Womble Bond Dickinson on

What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property....more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

Holland & Knight LLP on

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

Franczek P.C.

High School’s Decision To Bypass Municipal Zoning Process For Stadium Bleachers Ruled Unlawful

Franczek P.C. on

In Gurba v. Community H.S. Dist. 155, a McHenry County Circuit court judge ruled that a local high school district violated the law when it refused to subject itself to the local zoning process of its host municipality....more

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