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Know What’s Going On
2019-06-05

            What are the zoning laws of your municipality?  What is the zoning of the property you're living on?  What is the zoning of the properties surrounding you?

            This is important information for everyone to know about the community they live in.  If you don't know the answers do yourself a favor and ask the questions at your local municipal office.

            Zoning controls the location of different land uses in a municipality and can be used to restrict the types of uses to which land may be put and the intensity of the development.

            Land use, and density are controlled by zoning laws.  Zoning can play a significant role in protecting critical features in a community such as farms, rural villages, fragile environmental areas, or historic areas.

            Around here, zoning is enacted at the municipal level.  The municipality's zoning laws are interpreted by an appointed Zoning Hearing Board and enforced by a Zoning Hearing Officer.

            Residents should get acquainted with all of the above processes so they know more about their community and municipality; any shortcomings and what they can do about it.

            When a property owner wishes to do something on their land that current zoning laws do not permit, they need to request a variance from the municipalities Zoning Hearing Board.  That process is conducted in a public meeting.

            Within the PA Municipalities Planning Code, a zoning hearing board may grant a variance if all of the following findings are made where relevant: That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

            That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property;

            That such unnecessary hardship has not been created by the appellant;

            That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;

            And, that the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue."

          Also, the zoning hearing board, when granting a variance, may attach reasonable conditions and safeguards that it may deem necessary to implement the purposes of the MPC and the zoning ordinance.

            Nowhere in the above conditions does it state that it is a hardship if a developer cannot makes as much money as possible if you don't grant the variance.

            That is a condition that all officials need to remember when considering granting zoning variances.

            People need to know the zoning ordinances of their communities and be aware of what's going on the properties around them.


 

 

 

 

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