According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more traditional use classifications that are typically found on zoning maps. While a floating zone is contained in a zoning code, it is only added to the zoning map after a project seeking that designation is
June 2017
State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours
The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when imposing conditions upon establishments regulated by the State Liquor Authority and would be wise to consider alternative ways to manage late hours accompanied by public imbibing.
In February…
Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2
In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning, subdivision and other land development ordinances to generate additional revenue. Such fees are authorized by law and can be…
Tie Vote – No Default Denial- Town Law 267-a(13)(b)

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, ending up with a tie vote? The result hinges on the dual…