Zoning and Land Use Issues in Montgomery, Berks, and Chester County, Pennsylvania

If you are thinking about purchasing and developing a piece of property in Pennsylvania, or if you would like to start a new business on real estate or expand an existing business, or if you would like to improve a building on your lot, you must be careful. You may be on dangerous ground. Most PA municipalities have laws that regulate not only what you are permitted to do with your land, but also the development of the land with regard to the size and placement of buildings, yards, setbacks, and other details pertaining to land use. The attorneys of Wolf, Baldwin & Associates, P.C. can help to guide you through the maze of Pennsylvania zoning regulations, to help you save time, energy, and money.

It is important that you check with the local PA municipality before buying any property, and before making changes either to your buildings or to the way in which you use your existing property, to make sure that you will have the approval to carry out your plans. Generally a landowner will make an application to the Zoning Officer, who determines whether your plans comply with the local ordinances. If they do, the Zoning Officer will issue a permit. If the Zoning Officer does not issue a permit, you may need to request a hearing before the Zoning Hearing Board and prove a special exception or variance in order to legally proceed with your development plan.

Some uses, such as the operation of a hair dressing salon as a home occupation, may be allowed by special exception in the residential area where you live. In such cases the Zoning Hearing Board may grant a special exception after a hearing if the zoning hearing board determines that the use is not harmful to the public.

Other uses not specifically allowed under the PA zoning ordinance, and uses on an undersized lot, will generally require a variance. For example: you want to buy a piece of ground that is twenty five feet wide and build a twenty-foot wide house on that lot. If the zoning ordinance requires side yards of five feet on each side of the proposed house, your plans will not comply with the ordinance. Under these conditions, you must prove to the Zoning Hearing Board that a hardship exists; that is, you must show that unless a variance was granted, you will be essentially unable to use the property for any lawful purpose.

The law in Pennsylvania is that each zoning law (which may include ordinances spanning multiple municipalities) must provide for all lawful zoning uses. If you plan to build apartments in a municipality that requires that all housing be single-unit, detached homes on two-acre lots, you may have a right to require the municipality to fix its zoning ordinance to permit apartments. This process is commonly referred to as a curative amendment.

It is important to remember that each separate municipality in PA has its own zoning and subdivision ordinance, which is generally different in its specifics from those of other municipalities. Because each Pennsylvania zoning ordinance is different, it is always good practice to check with your local zoning office before buying property, or before changing either the improvements on your property or the use of your property. If your initial inquiries to the local zoning officer indicate that there may be opposition to proceeding according to your plan, please schedule a consultation with one of the lawyers at Wolf, Baldwin & Associates, P.C.. We can help you understand the zoning ordinance, advise you of your likelihood of success, and provide you with an estimate of the costs and risks involved in proceeding with your plans.

The lawyers at Wolf, Baldwin & Associates have experience presenting cases before Zoning Hearing Boards and stand ready to represent you in zoning matters. Please click here to contact us today for an initial consultation regarding your zoning issues for your Pennsylvania real estate.

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