Latest Rulings:
A governing body may consider non-resident testimony about similar land uses regarding a conditional use application if the testimony is both relevant and probative.
EQT Prod. Co. v. Borough of Jefferson Hills, 2019 Pa. LEXIS 3059 (May 31, 2019)
An amendment to a zoning ordinance that (1) does not change the entire nature of the existing zoning district and (2) treats similarly situated tracts of land within a particular district equally is a textual amendment rather than a zoning map change.
Circleville Rd. Partners, L.P. v. Twp. of Ferguson, 2019 Pa. Commw. LEXIS 453 (May 15, 2019)
An application for a use variance that alleges marketability concerns alone will not satisfy the unnecessary hardship threshold unless that hardship is due to unique physical conditions peculiar to the property.
Broad St. Neighborhood Ass’n v. Zoning Bd. Of Adjustment, 2019 Pa. Commw. LEXIS 430 (May 7, 2019)
Topics
Cases are categorized into the following topics:
- Appellate Procedure
- Conditional Uses and Special Exceptions
- Eminent Domain
- Land Use Appeal
- Miscellaneous
- Municipal Capital Improvement; Impact Fees
- Municipal Procedure
- Nonconformities
- Planned Residential Development
- Preemption of Local Ordinances
- Regulation of Particular Uses
- Subdivision and Land Development
- Takings
- Variances
- Zoning Validity Challenges
Statutes
State Statutes Related to Land Use/Current Legislation
PA Municipalities Planning Code (MPC)
The Municipalities Planning Code (pdf format) establishes the framework for land use planning and regulation in Pennsylvania. The MPC sets powers, duties, and procedures that apply uniformly to all classes of local governments – counties, cities, boroughs, townships, and home-rule municipalities – except the cities of Philadelphia and Pittsburgh.
State Statutes Referenced in the Municipalities Planning Code
Sections 301(6) and 603(b) of the MPC require that local comprehensive lans and zoning ordinances be consistent with and not exceed the requirements contained in a number of specific statutes.
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Other State Statutes Related to Land Use
In addition to those acts listed in the MPC, there are other state laws that are of importance to local officials and others interested in sound land use.
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Disclaimer
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.