On July 16th, the County Council took a significant step toward modernizing Prince George’s County’s zoning ordinance, when it adopted a comprehensive zoning omnibus bill following a months-long legislative process....more
The Office of Planning (OP) has been working with residents, community stakeholders and Washington, D.C., government agencies to develop the Draft Nannie Helen Burroughs Corridor Small Area Plan (NHBCSAP). This plan is...more
After the Charter amendments suggested by the Orange County Charter Review Committee discussed in “Proposed Charter Changes Threaten Orange County's Economic Future” were blocked by the Florida Legislature as discussed in...more
The City of Gaithersburg has adopted a comprehensive new zoning ordinance that reorganizes and modernizes the ordinance while making it more user friendly. Substantively, the new ordinance adds a new potential zoning category...more
The Florida Legislature on Feb. 28, 2024, passed Senate Bill 328, which amends the Live Local Act (Amended Act). It becomes effective upon becoming law (except as otherwise provided). While most of the 2023 Live Local Act...more
We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and...more
Florida Gov. Ron DeSantis signed into law Senate Bill 102 on March 28, 2023, with an effective date of July 1, 2023. Commonly referred to as the Live Local Act (the Act), it has significant land use, zoning and tax benefits...more
In 1965, the Voting Rights Act was passed, the Beatles performed the first stadium concert in the history of rock, and the Washington Hilton opened just north of Dupont Circle in Washington, DC....more
More Density, More Height and Less Bureaucracy - The Live Local Act (“Live Local” or the “Act”) makes unprecedented changes to zoning law that impact and limit local government power....more
On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for...more
On December 15, 2021, the Massachusetts Department of Housing and Community Development (DHCD) released draft guidelines for the Commonwealth’s recently-adopted Multi-Family Zoning Requirement for MBTA Communities. A public...more
Nearly five years ago, Pennsylvania Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act (Act 16). Since that time, the Pennsylvania Department of Health (DOH), the agency responsible for issuing licenses...more
In my last post, “Real Estate Alphabet Soup: Y Is for Yard”, I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” and completes the recipe with the final ingredient, the...more
Zoning laws are changing in Connecticut. The goal? To make housing more affordable and accessible for everyone. - Nearly a century ago, the Connecticut Legislature adopted the “Standard Zoning Enabling Act” (now Chapter...more
The Department of City Planning (DCP) has proposed a text amendment to modify regulations relating to gyms, spas, and licensed massage therapy and other health and fitness facilities defined as Physical Culture or Health...more
On May 17, the City Planning Commission (CPC) certified the SoHo/NoHo Neighborhood Plan (the Plan), which would replace outdated zoning regulations that preclude residences, including affordable housing, and severely restrict...more
Surprise! During the summer of Covid-19, the Town Board of Oyster Bay passed Local Law 4 of 2020, amending Chapter 246, the Town’s zoning code, to eliminate apartments over stores or offices as a permitted principal use in...more
Continuing a trend reported in our Sept. 9, 2020 alert (“Zoning and Land Use: Turning the World Right-Side Up Again”), the Appellate Division for the First Department, which exercises appellate jurisdiction over courts in...more
The need for zoning reform has been a perennial topic in both chambers of the Massachusetts State House for almost two decades. Signed into law by Governor Baker on January 14, 2021, Chapter 358 of the Acts of 2020, “An Act...more
Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown Mixed-Use Zoning District (“Downtown“). The proposed amendments will allow,...more
The New York City Department of City Planning (DCP) provided greater detail on its proposal to rezone nearly 56 blocks of the SoHo and NoHo neighborhoods of Manhattan, which includes the following key features...more
For the past century, the City of Coral Gables has been known for the high quality of the original plan implemented by George Merrick in the 1920s and its thoughtful application of high standards for zoning and architectural...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the City of Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits,...more
In the land use and zoning arena, discussion of article 78 proceedings is commonplace. They are, after all, the primary mechanism for challenging decisions on the full litany of land use applications (i.e. subdivisions, site...more
A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action....more