Question 1

What is a zoning ordinance?

Accepted Answer

A zoning ordinance is a local law enacted by a municipality (city, borough, or township) that regulates how land within its jurisdiction can be used. Zoning ordinances divide the municipality into zones or districts—such as residential, commercial, industrial, and agricultural—and specify what types of activities and structures are permitted in each zone. They also establish dimensional requirements such as minimum lot sizes, building setbacks from property lines, maximum building heights, lot coverage limits, and parking requirements. In Pennsylvania, the Pennsylvania Municipalities Planning Code (MPC) governs how municipalities create and administer zoning ordinances. The purpose of zoning is to promote the health, safety, and general welfare of the community by ensuring compatible land uses and orderly development. Understanding the zoning that applies to your property is essential before making any improvements or changes in use.

Question 2

How do I get a zoning variance?

Accepted Answer

To obtain a zoning variance in Pennsylvania, you must file an application with your municipality's Zoning Hearing Board. The process typically involves: completing the application and paying the filing fee, providing detailed plans showing your proposed use or development, demonstrating to the Board that you meet the legal criteria for a variance. For a dimensional variance (setback, height, etc.), you must show, among other things, that strict compliance would create an unnecessary hardship due to unique physical conditions of the property, that the proposed variance is the minimum relief necessary, and that it won't adversely affect the neighborhood. Use variances (changing the type of use allowed) face a higher burden of proof. The Zoning Hearing Board holds a public hearing where you present evidence, neighbors can comment, and the Board makes a decision. Having an experienced attorney present your case significantly improves your chances of approval. At Smith Butz, we have extensive experience before Zoning Hearing Boards throughout Western Pennsylvania.

Question 3

What are subdivision regulations?

Accepted Answer

Subdivision regulations are local laws that govern the division of land into smaller lots for development. In Pennsylvania, these regulations are established under the Pennsylvania Municipalities Planning Code and are administered by the local planning commission and governing body. Subdivision regulations typically require: submission of detailed plans showing proposed lot configurations, streets, and utilities; compliance with minimum lot size and frontage requirements; provision of adequate access roads, stormwater management, and utility connections; dedication of land for public purposes such as parks or rights-of-way; and environmental protections including erosion control and tree preservation. The approval process can involve preliminary plan review, conditional approval, and final plan approval before lots can be recorded and sold. At Smith Butz, we guide developers and property owners through every stage of the subdivision process, ensuring compliance with local requirements and minimizing delays.

Question 4

What is a conditional use permit?

Accepted Answer

A conditional use permit is an authorization that allows a specific land use that is permitted in a zoning district only if certain conditions are met. Unlike a variance (which is an exception to the ordinance), a conditional use is a use that the zoning ordinance anticipates and allows, but subjects to additional review to ensure it won't negatively impact the surrounding area. In Pennsylvania, conditional use applications are heard by the municipal governing body (not the Zoning Hearing Board). Common conditional uses include churches in residential areas, home-based businesses, day care facilities, and telecommunications towers. The applicant must demonstrate that the proposed use meets all specific conditions listed in the ordinance and that it complies with general standards for health, safety, and welfare. The governing body may impose additional conditions on the approval to mitigate any potential negative impacts.

Question 5

How long do I have to file a Notice of Land Use Appeal?

Accepted Answer

Generally, you have 30 days to file a Notice of Land Use Appeal challenging a land use decision, but you must check the governing rules for each and every occasion an appeal is pursued. The attorneys at Smith Butz are well-equipped to help you understand these time parameters and to prepare a Notice of Land Use Appeal, as well as the other filings necessary to pursue a land use appeal.

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