Basic Zoning Terms and Pennsylvania Municipalities Planning Code LINUS E. FENICLE, Esquire March 16, 2012 ATTORNEYS AND COUNSELORS AT LAW
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LEARNING OBJECTIVES At the end of this presentation you will be able to: Understand the history of zoning ordinances Learn how to find answers to your zoning questions Grasp the concept of police power as it relates to zoning Define basic zoning terms
The History of Zoning 1916, New York City First comprehensive zoning ordinance 1920 Lower Merion Twp. First PA municipality to enact a zoning ordinance
The History of Zoning Euclid v. Ambler (1926) the U.S. Supreme Court upheld the constitutionality of zoning in regard to the village of Euclid, Ohio, which had passed a zoning ordinance in 1922.
What is Zoning? Zoning regulates uses of land and structures Enabling Act in PA is: the Pennsylvania Municipalities Planning Code ( MPC ), Act of 1968, PL805, No. 247, as reenacted and amended
What is Zoning? Zoning is based on the police power 1) Section 105 and Section 604 of the MPC To protect and promote the public health, safety, morals and general welfare of its citizens 2) Any challenge to a zoning ordinance requires a municipality to show that its provisions carry out the police power
What is Zoning? There is no definition of zoning in the MPC Zoning divides a municipality into districts or zones with certain uses allowed in those zones, and other uses prohibited Zoning must encompass the entire municipality (Section 605 of the MPC)
Article VI of the Municipalities Planning Code Basic Zoning Terms Permitted Use Use allowed by right Zoning Officer grants permit
Article VI of the Municipalities Planning Code Basic Zoning Terms Special Exception a) Allowed in zoning ordinance by section 603(c)(1) of the MPC b) Administered by zoning hearing board c) A form of a permitted use must meet the specific standards to be granted by zoning hearing board
Article VI of the Municipalities Planning Code Basic Zoning Terms Special Exception d) It is a planned for use e) Can be denied by the zoning hearing board if, after a public hearing, there is objective evidence showing excessive impact on public health, safety, and general welfare f) Reasonable conditions may be attached to grant
Article VI of the Municipalities Planning Code Basic Zoning Terms Conditional Use - Allowed in zoning ordinance by section 603(2)(c) - Same requirements as special exception except administered by the governing body
Article VI of the Municipalities Planning Code Basic Zoning Terms Variance - Allowed in zoning ordinance by section 603(a)(1) - Administered by the zoning hearing board - Allowed when property is subject to unnecessary hardship caused by zoning ordinance - Is not a use and requires a public hearing
Article VI of the Municipalities Planning Code Basic Zoning Terms Variance - Requirements for granting: - Unnecessary hardship - Property cannot be used reasonably without variance - Unnecessary hardship created by applicant - Will not alter character of neighborhood nor impair development of adjacent property - Minimum variance affording relief
Article VI of the Municipalities Planning Code Basic Zoning Terms Nonconforming Use - Allowed to be regulated by Section 605(1.1) - Defined in Section 107 of MPC - Definitions: - Nonconforming use - Nonconforming lot - Nonconforming structure
Article VI of the Municipalities Planning Code Enforcement Provisions Enforcement Notice (Section 616.1 of MPC) - Must be sent to owner of record of parcel - Must state the items listed in section 616.1(c) of MPC - Appeal of enforcement notice is to ZHB Equity Action in Court (Section 617 of MPC) District Justice Action (Section 617.1 of MPC)
Thank you for your time! Contact Linus E. Fenicle, Esq. at lfenicle@reageradlerpc.com or 717-763-1383 ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET, CAMP HILL, PENNSYLVANIA 717 763-1383 www.reageradlerpc.com