Land Use Law Commons^™

Cityland – Vol. 9, No. 10, Center For New York City Law

CityLand - 2012

This issue of CityLand explores legal, planning, and preservation developments in New York City as of December 2012. It features a student article on the legal distinctions between accessory and advertising signs, and the regulatory frameworks governing signage in residential, commercial, and manufacturing districts. The City Council rejected the sale of 22 Reade Street to preserve its potential use for an African Burial Ground Museum, while approving the sale of 49–51 Chambers Street. The Brinckerhoff Cemetery in Queens was designated a landmark despite opposition from the property owner. The Council also approved reduced parking requirements for Downtown Brooklyn to encourage …

Cityland – Vol. 9, No. 9, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use, zoning, and preservation developments in New York City as of November 2012. Key highlights include the City Council’s approval of Jamestown Properties’ modified Chelsea Market expansion plan, which includes contributions to affordable housing and the High Line. The Seward Park Mixed-Use Development Project was approved with increased housing units and space for a public school. The West Harlem rezoning plan was modified to address community concerns, including preservation of affordable housing. The Board of Standards & Appeals approved rooftop additions to East Village tenements despite opposition. Landmark Preservation Commission approved revised plans …

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.

Land Use And Zoning Law, Andrew E. Tarne

Law Student Publications

Since the early days of nuisance law, but especially since the early twentieth century and the validation of zoning ordinances, land use planning and management have been fundamental roles of local government. As evinced by its state code, the Commonwealth of Virginia recognizes the essential role that localities play in land use planning. The Virginia Code requires that localities create planning commissions, adopt comprehensive plans, and, if the localities have adopted zoning ordinances, establish boards of zoning appeals. As most of the implementation of these mandates is left to individual localities, the form of implementation is not uniform but naturally …

The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley

The Journal of Business, Entrepreneurship & the Law

This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …

Cityland – Vol. 9, No. 8, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of October 2012. The City Council approved rezoning proposals for mixed-use and residential developments in South Williamsburg and Bedford-Stuyvesant North, and considered a 90-block rezoning in West Harlem. Landmarks approved a revised plan to restore Harlem’s Corn Exchange Building and held a public hearing on the Rainbow Room’s interior landmark designation. A multi-rowhouse restoration and construction plan in Cobble Hill was reviewed, and a nine-story development adjacent to the Merchant’s House Museum raised concerns about structural impacts. A proposed rooftop addition in SoHo was …

Cityland – Vol. 9, No. 7, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and preservation developments in New York City as of September 2012. The City Council denied a sidewalk café permit for Buschenschank restaurant in Carroll Gardens due to inaccurate plans and noise complaints. The City Planning Commission certified Trinity Church’s proposal to create the Special Hudson Square District, and approved the Seward Park Mixed-Use Development Project and NYCHA’s Soundview affordable housing plan. BSA approved a rooftop addition to a townhouse on West 78th Street. Landmarks designated the Brinckerhoff Cemetery in Queens and calendared the Rainbow Room for interior landmark status. A new building …

Cityland – Vol. 9, No. 6, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of August 2012. The City Council approved a further-reduced version of NYU’s Core Expansion Plan, including height reductions and community space commitments. The City Planning Commission held a hearing on Jamestown Properties’ Chelsea Market expansion, which faced opposition over its impact on the High Line and lack of affordable housing. A rezoning in South Williamsburg was approved to facilitate a two-building residential project with affordable units. The Board of Standards & Appeals adopted revised rules to streamline application procedures and approved a special permit …

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.

Cityland – Vol. 9, No. 5, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of July 2012. The City Council approved a zoning text amendment to limit the size of banks and storefronts in the Upper West Side’s commercial corridors. The City Planning Commission modified and approved NYU’s Core Expansion Plan, reducing building heights, eliminating a proposed hotel, and requiring oversight of open space. Landmarks held a hearing on the proposed East Village/Lower East Side Historic District, receiving mixed testimony. A heavily altered Federal-era rowhouse at 177 West Broadway was decalendared. Landmarks approved reconstruction of a deteriorated Fort …

Cityland – Vol. 9, No. 4, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and preservation developments in New York City as of June 2012. The City Council approved the Mill Basin rezoning and land disposition plan, facilitating Kristal Auto Mall’s relocation and Toys ‘R’ Us site improvements. Taconic Investment Partners received approval to revive a seven-story residential project in Tribeca. The City Planning Commission approved a large contextual rezoning for Woodhaven and Richmond Hill, and certified major rezonings for Bedford-Stuyvesant North and West Harlem. A special permit was considered for a nine-story building at 83 Walker Street in Tribeca. The Commission also reviewed a retroactive …

Cityland – Vol. 9, No. 3, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of May 2012. The City Council approved Rudin Management’s redevelopment of the former St. Vincent’s Hospital campus in Greenwich Village, including preservation of the Reiss Pavilion and creation of an AIDS memorial park. The City Planning Commission certified Jewish Home Lifecare’s proposal for a new nursing home on West 97th Street, despite community concerns about land scarcity. Landmarks resolved a long-standing conflict over an illegal addition on West 68th Street and approved revised additions to two buildings on Lispenard Street in Tribeca. The Park …

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Articles

No abstract provided.

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin

Scholarly Works

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

The Future Of Abandoned Big Box Stores : Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah B. Schindler

Faculty Publications

Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …

Cityland – Vol. 9, No. 2, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and zoning developments in New York City as of March 15, 2012. The City Council approved the creation of the Westchester Square BID in the Bronx after resolving procedural notice issues. The City Planning Commission held a hearing on the “Zone Green” zoning text amendment to promote energy-efficient retrofits and green building design. A residential development was authorized in a manufacturing district in Ridgewood, Queens. BSA approved reduced parking requirements for a medical facility in Brooklyn despite community opposition. Landmark approvals included the Metropolitan Museum of Art’s plaza renovation and the restoration …

Cityland – Vol. 9, No. 1, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …

The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein

Law Faculty Articles and Essays

In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly …

Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

Scholarly Works

No abstract provided.

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Law Faculty Scholarly Articles

Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …

Cases And Materials On American Property Law, 6th Edition, Carol N. Brown

Law Faculty Publications

This casebook continues its traditional approach to the teaching of property law. The new edition features a number of new cases inserted into almost every chapter of the book. The notes and comments have been appropriately updated. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The book in its entirety introduces students to a broad spectrum of material traditionally covered in a first-year property course.

Land Use Regulation: It Just Gets Worse, Michael Lewyn

Scholarly Works

Some commentators treat suburban sprawl (by which I mean automobile-dependent land development) as the result of the free market at work. This article reviews City Rules, by urban planning professor Emily Talen. In this book, Talen shows not only how zoning and similar land use regulations generate automobile-dependent suburban sprawl, but also how these regulations have become stricter, more pro-sprawl, and more complex over time. Talen proposes to reform these regulations through municipal codes that promote more walkable, less automobile-dependent development.

The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler

University of Colorado Law Review

Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …

Cityland – Vol. 8, No. 11, Center For New York City Law

CityLand - 2011

This issue of CityLand covers key land use and policy developments in New York City as of December 2011. The City Council debated an amended version of the Fair Wages for New Yorkers Act, narrowing its scope and duration. The Council approved the creation of the Special 4th Avenue Enhanced Commercial District in Brooklyn and the Admirals Row Plaza project at the Brooklyn Navy Yard, which includes retail, manufacturing, and historic preservation components. New local laws were enacted to formalize public consultation and reporting requirements for Department of Transportation street projects. The City Planning Commission approved the Borough Hall Skyscraper …

Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters

Journal of Food Law & Policy

Urban agriculture takes many forms, including individual gardens on privately owned land, neighborhood gardens, community gardens, and gardens located on church and school grounds, housing developments, and other publicly owned property. The most essential factors for successful urban agriculture efforts include land acquisition, zoning ordinances, access to affordable water, infrastructure, and support services such as education and outreach. Cities across the United States have formed task forces with the mission of making their cities more sustainable or strengthening the local food supply system; urban agriculture is instrumental in both of these missions. Major cities across the United States are recognizing …

Cityland – Vol. 8, No. 10, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and zoning developments in New York City as of November 15, 2011. The City Council approved street-grade changes in Coney Island to improve flood resilience and pedestrian access, and reviewed the creation of the Westchester Square Business Improvement District in the Bronx. The City Planning Commission approved the Admirals Row Plaza project at the Brooklyn Navy Yard, which includes a supermarket and industrial space, and granted a special permit for a private K–12 school in West Chelsea. A new Special 4th Avenue Enhanced Commercial District was established in Park Slope to promote …

Cityland – Vol. 8, No. 9, Center For New York City Law

CityLand - 2011

This issue of CityLand highlights significant land use and zoning developments in New York City as of October 15, 2011. The City Council approved Signature Urban Properties’ ten-building, 1,300-unit mixed-use development in Crotona Park East, Bronx, and a 181-block contextual rezoning in Williamsbridge and Baychester. The Council rejected the landmark designation of the Hardenbrook-Somarindyck House at 135 Bowery, citing economic development concerns. The Gravesend Bay shopping center proposal was approved, featuring a BJ’s Wholesale Club and waterfront esplanade. The Council also established the Chinatown BID after extensive public debate and created the new M1-6D zoning district to support mixed-use development …

Cityland – Vol. 8, No. 8, Center For New York City Law

CityLand - 2011

This issue of CityLand highlights key land use and zoning developments in New York City as of September 15, 2011. The City Council approved Ocean Dreams, a 415-unit mixed-use development along Coney Island’s boardwalk, and a two-building project in Harlem that includes 100 affordable apartments. The City Planning Commission reviewed a contextual rezoning for 181 blocks in the Williamsbridge and Baychester neighborhoods of the Bronx. The Department of City Planning launched ZoLa, a new online mapping tool for zoning and land use information. The Board of Standards & Appeals granted variances for projects in the Lower East Side and Van …

Cityland – Vol. 8, No. 7, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and zoning developments in New York City as of August 15, 2011. The City Council approved a reduction in parking requirements for the Gotham Center project in Long Island City and modified a rezoning proposal in Williamsburg to allow Teddy’s Bar and Grill to reestablish its sidewalk café. A commercial overlay was approved in Whitestone to facilitate a TD Bank branch, despite community concerns. The City Planning Commission reviewed proposals for a contextual rezoning in Boerum Hill, a large-scale retail development in Gravesend Bay, and a mixed-use project in Harlem. The Board …