News & Analysis as of

Zoning Laws Special Use Permit

McGuireWoods LLP

Pending Virginia Site Plans, Special Permits and Special Exceptions to Expire July 1, 2025

McGuireWoods LLP on

For the first time since 2009, the Virginia General Assembly has not extended the validity periods for all approved site plans, special permits and special exceptions. Under Code of Virginia Section 15.2-2209.1:1, all valid...more

Houston Harbaugh, P.C.

How Subjective Can Objective Zoning Ordinance Requirements Be?

Houston Harbaugh, P.C. on

Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more

Farrell Fritz, P.C.

Friend of the Shawangunks v. Town of Gardiner Planning Board: Litigation Concerning a Popular Outdoor Recreation Area Prompts the...

Farrell Fritz, P.C. on

OVERVIEW - The Shawangunk Ridge is a cluster of bedrock in upstate New York popular for its scenery and outdoor recreation. The Town of Gardiner’s (“Gardiner”) Shawangunk Ridge Protection District (“SRPD”) protects the...more

Hinckley Allen

The Impact of Rhode Island’s New Land Use Laws on Property Owners

Hinckley Allen on

During the 2023 legislative session, the Rhode Island legislature enacted a package of sweeping changes to Rhode Island’s zoning and land use laws. The goal: streamline housing development permitting in Rhode Island,...more

Adler Pollock & Sheehan P.C.

Major Changes Coming to Rhode Island’s Zoning and Land Use Law in 2024

After a series of bills became law at the end of the General Assembly’s session in June, significant changes are coming to Rhode Island’s land use and zoning laws beginning in 2024. Among its many changes made, the...more

Williams Mullen

The Virginia Supreme Court has made it easier for neighbors to challenge land use approvals - here’s why it matters.

Williams Mullen on

The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more

Williams Mullen

[Webinar] Renewable Energy Series: Land Use & Solar Permitting Considerations - April 13th, 11:00 am - 11:30 am EST

Williams Mullen on

Since the passage of the Virginia Clean Economy Act (VCEA) in 2020, the number of solar and other energy projects has grown throughout Virginia. As a result, developers are now confronting a more challenging environment in...more

Farrell Fritz, P.C.

What’s So Special About Special Use Permits?

Farrell Fritz, P.C. on

The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to a special review and criteria detailed in the zoning...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

Bowditch & Dewey on

On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Sheppard Mullin Richter & Hampton LLP

City Planning Announces Citywide Hotel Special Permit Text

The New York City Department of City Planning (DCP) has scheduled a public scoping meeting for Friday January 22, 2021 for the Citywide Hotel Text Amendment. The Citywide Hotel Text Amendment seeks to establish a new City...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Ward and Smith, P.A.

Time to Appeal Quasi-Judicial Zoning Decisions

Ward and Smith, P.A. on

Brian has been working for months on the design and construction details for his new neighborhood coffee shop. He's hired architects and engineers to plan all the details, but during the planning stage, he realized the...more

Conn Kavanaugh

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws

Conn Kavanaugh on

If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...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.

Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area...

Farrell Fritz, P.C. on

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an applicant with over $17,000 in consulting fees supposedly incurred by the town in reviewing...more

Holland & Knight LLP

New York City Set to Take Another Step to Limit New Hotels and Motels - Proposal Would Require Special Permits for New or...

Holland & Knight LLP on

• New York City's City Planning Commission (CPC) is expected to officially propose in the next few weeks an amendment to the City's Zoning Resolution to require that most new hotels and motels in light manufacturing districts...more

Ward and Smith, P.A.

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

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

Robinson+Cole RLUIPA Defense

New Substantial Burden Framework in the Sixth Circuit; Court Upholds RLUIPA Verdict in Favor of Michigan Township

In an important decision for municipalities across the Country, the Sixth Circuit upheld a district court decision that found Genoa Charter Township (Township) did not violate federal law in denying a church’s application for...more

Farrell Fritz, P.C.

Tie Vote – No Default Denial- Town Law 267-a(13)(b)

Farrell Fritz, P.C. on

Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an action, the board is considered to have acted. What if a ZBA is unable to take any kind of majority action...more

Womble Bond Dickinson

Old MacDonald Had a Farm. Wait, Maybe He Didn’t.

Womble Bond Dickinson on

In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

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

Robinson+Cole RLUIPA Defense

RLUIPA Round-Up

Below are news items from the past week involving local government, religion, and land use that may be of interest to our readers. - The New York Times reports that the Ten Commandments monument on the Oklahoma Capitol...more

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