Latest Rulings:
An appeal becomes moot where the zoning permit application at issue is abandoned and the limited exceptions to the mootness doctrine do not apply.
Driscoll v. Zoning Bd. of Adjustment, 2018 Pa. Commw. LEXIS 782 (December 27, 2018)
When an applicant for a special exception provides sufficient evidence establishing that the application complies with an ordinance’s general requirements, an objector opposing the application has the burden to establish, to a high degree of probability, that the proposed use would be detrimental to the public health, safety, or welfare.
Tower Access Grp., LLC v. S. Union Twp. Zoning Hearing Bd., 192 A.3d 291 (Pa. Commw. Ct. 2018)
Where a “savings clause” in a zoning ordinance permits a proposed use as a conditional use or special exception if it is similar to and compatible with other uses permitted in the zoning district, there must be sufficient findings of fact establishing that similarity and compatibility. Additionally, a proposed use is not similar to nor “of the same general character” of a “public service facility” use or an “essential services” use if the proposed use does not provide services to residents of the municipality.
Gorsline v. Bd. of Supervisors of Fairfield Twp., 186 A.3d 375 (Pa. Commw. Ct. 2018)
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.
View Statutes »
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.