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Zoning Laws Urban Planning & Development

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

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California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

McGuireWoods LLP

Fairfax County Board Adopts Data Center Zoning Changes

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On Sept. 10, 2024, the Fairfax County, Virginia Board of Supervisors approved a zoning ordinance amendment that creates new restrictions for data centers. The amended ordinance permits by-right data center development in...more

Lowndes

Office of the Attorney General Releases Informal Opinion Shedding Light on the Meaning of “Mixed Use” Zoning Districts Under Live...

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The Live Local Act (Act), originally passed on March 29, 2023, was modified by SB328 on May 16, 2024. While the Act has been heralded as a solution to Florida’s affordable housing shortage, it has faced roadblocks since its...more

Nutter McClennen & Fish LLP

Changes to 40B and Affordable Housing Preferences for Veterans: What You Need to Know About the 2024 Massachusetts Affordable...

The new Affordable Homes Act revised Section 22 of Chapter 40B, part of the comprehensive permit law, to require the Housing Appeals Committee to notify the Secretary of the Executive Office of Housing and Livable Communities...more

Carlton Fields

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

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Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because...more

Sullivan & Worcester

Housing Bill Becomes Law, But It’s Not Just About Housing

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On Tuesday, August 6th, Governor Healey signed into law House Bill 4977, “An Act relative to the Affordable Homes Act.” The 181-page Bill provides for $5.1 billion in capital funding to support housing production and...more

Brownstein Hyatt Farber Schreck

Denver City Council Eyes Changes to Slow Gas Station Development

Last week, Denver City Councilmembers Amanda Sawyer, Diana Romero Campbell and Paul Kashmann announced a proposed amendment to the Denver Zoning Code to prohibit new gas stations within a quarter mile from light rail stations...more

McGuireWoods LLP

Demand for Data Center Projects Remains High Across Virginia With Varying Levels of Regulation

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Demand for data center development opportunities remains at unprecedented levels across Virginia. But how the industry is regulated by Virginia’s diverse cities and counties is not uniform....more

McGuireWoods LLP

Arlington County Previews Upcoming Changes for Adaptive Reuse Projects

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On July 31, 2024, Arlington County previewed upcoming policy changes for adaptive reuse projects. The county’s current intent is to limit the policy to projects that change the principal use (such as office to residential)...more

Holland & Knight LLP

Ivy City: Draft Small Area Plan Released for Public Comment

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The Office of Planning (OP) has worked with Ivy City residents, community stakeholders and Washington, D.C., government agencies to develop the Ivy City Small Area Plan (ICSAP). Ivy City is a historically Black neighborhood...more

Farrell Fritz, P.C.

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

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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

McGuireWoods LLP

Loudoun County, Va., Moves to Restrict Data Center Development

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Loudoun County, Va., joins a growing number of northern Virginia jurisdictions taking affirmative steps to restrict data center development. As the first part of a two-phase process, the board of supervisors voted to advance...more

Lowndes

Osceola County Considers 90-Day Moratorium on Residential Development Rezoning Applications

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The Osceola Board of County Commissioners is proposing a 90-day county-wide moratorium on applications that would allow residential development on land zoned for non-residential uses, among other restrictions. The proposed...more

Perkins Coie

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

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Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...more

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Bowditch & Dewey

Abutter’s Diminution in Property Value Argument Found Insufficient to Confer Standing to Challenge Special Permit for Research and...

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In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, 104 Mass. App. Ct. 250 (2024), the Court of Appeals confirmed the longstanding holding that “diminution in property value is an insufficient basis for standing...more

Fox Rothschild LLP

Developer's Plan Rejected for Improper Use of Open Space

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A recent decision by the Commonwealth Court of Pennsylvania illustrates why the requirements of a zoning code should not be read in a vacuum. The court ruled that a developer's 41-townhome project was properly rejected by...more

Sullivan & Worcester

Boston Planning and Development Agency Approves Proposal for Net Zero Carbon Zoning

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On June 13, 2024, the Boston Planning & Development Agency (“BPDA”) Board of Directors approved a proposed zoning text amendment regarding Net Zero Carbon (“NZC Zoning”) and authorized its submission to the Boston Zoning...more

McGuireWoods LLP

Fairfax County Planning Commission Recommends Data Center Zoning Changes

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On June 6, 2024, the Fairfax County, Virginia Planning Commission recommended approval of zoning ordinance amendments that will create new restrictions for data centers. The proposed ordinance will permit by-right data center...more

McGuireWoods Consulting

Fairfax County, Virginia, to Prepare Data Center-Related Amendments to Zoning Ordinance • McGuireWoods

On March 19, 2024, the Fairfax County Board of Supervisors directed Department of Planning and Development staff to update the county zoning ordinance with additional regulatory guidance for data center development. It is...more

McGuireWoods Consulting

Prince William County Launches Comprehensive Plan Amendment

Prince William County in Virginia has launched a Comprehensive Plan Amendment (CPAM) initiative to incorporate recommendations from the Community Energy and Sustainability Master Plan into its comprehensive plan. The CPAM...more

Holland & Knight LLP

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

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The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more

Venable LLP

Fairfax County to Consider Zoning Changes Related to Future Data Center Development

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Fairfax County is in the process of amending its Zoning Ordinance provisions pertaining to data centers in response to the increasing presence of such facilities within the region....more

Shutts & Bowen LLP

Orange County Proposes Temporary Suspension Ordinance on New Development Applications

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Orange County (the “County”) proposed a Temporary Suspension Ordinance (the “Ordinance”) which would defer decisions on development applications within the County’s unincorporated areas....more

McGuireWoods LLP

Fairfax County, Virginia, Posts Draft Zoning Ordinance Amendments for Data Centers

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Fairfax County, Virginia, recently released draft zoning ordinance text amendments to provide new regulations for data centers within the county. A link to the draft zoning ordinance amendments may be found here....more

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