Zoning and Land Use

A SAMPLING OF “ZONING AND LAND USE” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE

ZONING AND LAND USE issues in this database include (but are far from limited to):

Zoning Violations (actions brought by municipality, etc.);

Building Code Violations (actions brought by municipality, etc.);

Open Space Requirements (New York City zoning resolution, etc.);

Building Permits;

Exhaustion of Administrative Remedies;

Consulting Fees (wrongly assessed by municipality, etc.);

Special Use Permits;

Variances;

30-Day Appeal Period;

State Environmental Quality Review Act (SEQRA);

Area Variances;

Administrative Law;

Financial Hardship (variances, etc.);

Town Comprehensive Plan;

Transfer of Development Rights;

Rural Corridor;

Agricultural Protection Zone;

Police Powers;

Firewood Storage;

Protected Beach Vegetation;

Retaining Walls;

Planning Boards;

Rezoning;

Arbitrary and Capricious;

Local Law;

Town Code;

School Districts (zoning regulations, etc.);

Hardship Exemptions;

Hard Look;

Environmental Impact Statement;

Wetlands;

Traffic Concerns;

Deed Covenants (enforcement, etc.);

Reasonable Return (conforming use, variances, etc.);

Adult Book Stores;

Adult Clubs;

Setbacks;

Immunity (water supply tanks, etc.)

Standing (contest negative declaration under SEQRA, etc.);

Objections by Neighbors (not determinative, etc.);

Village Law;

Town Law;

Court Review (administrative law, etc.);

Woodlot Environmental Protection Overlay District;

Billboards;

Failure to Follow Precedent:

Nonconforming Use;

Site Plan Approval;

Abandonment (nonconforming use, etc.);

Homeless Housing:

Necessary Parties;

Rebuilding Damaged Non-Conforming Property;

Zone of Interest;

Durational Limits (permit for non-conforming use, etc.);

Accessory Use;

Close Proximity (standing, etc.);

Water Law;

Vested Rights;

Rational Basis (use variance, etc.);

Use Variances;

Futility Exception (administrative law, etc.);

Enjoining Zoning Violations;

Interpretation of Zoning Ordinances (powers of courts, etc.)

Moratorium on Conversion of Hotels to Residential Units (New York City, etc.);

Wetland Control Permit;

Snowmobiles (Adirondack Part, etc.);

Public Trust Doctrine;

Draft Environmental Impact Statement (demand did not raise justiciable controversy, etc.);

Justiciable Controversy;

Conflict of Interest (village officials expressing opposition to development did not create, etc.);

Rescission of Negative Declaration;

Parks (construction near parks, standing, etc.);

Subdivision Application (planning boards, court review powers, etc.);

Residential Use (chickens, etc.);

Boathouses (built without permission, dismantling, etc.);

Shopping Mall;

Special Facts Exception;

Navigable Waters (dock construction, etc.)

Revocation of Building Permit;

Protecting Ecological Health of Water Body;

Check Cashing Business.