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Real Estate Journal — Mid-Year Review — June 26 - July 16, 2015 — 3C
M id A tlantic
Z oning L aw
By Sarah Rider, Barley Snyder The ABC’s of zoning
B
efore you build or change the use of a property, you should
heard by the municipality’s governing body, such as a Borough Council or a Board of Supervisors, instead of the zoning hearing board. Again, certain conditions must be met. Conditional uses are often those uses that could have a direct impact on the lives of an entire commu- nity, such as an airport or a large shopping center. The governing body thoroughly examines the proposed use and may impose conditions to protect the community as long as they are reason- ably related to a valid public
interest, but not related to offsite transportation or road improvements. What is a Variance? If the use is not permitted by right, special exception or con- ditional use, then a variance is required. A variance is also required if you do not meet the dimensional requirements of the zoning district, such as building setbacks or minimum lot area. These are commonly referred to as dimensional variances (as opposed to use variances). All variance ap- plications must prove both unnecessary hardship, such as
the lot size cannot accommo- date certain building setbacks, as well as consistency with the public interest. Again, the zoning hearing board may at- tach reasonable conditions to protect the public. What if My Zoning Re- quest is Denied? All zoning decisions may be appealed to the court of common pleas in the county where the property is located. Appeals must be filed within thirty days after the decision is rendered. However, ap- peals are costly and lengthy. Therefore, being prepared
and represented by counsel at the zoning hearing stage can reduce your chances of being denied your zoning request. Sarah Yocum Rider is a real estate and business attorney with the law firm of Barley Snyder. Her Real Estate law practice in- cludes the purchase, sale, leasing and financing of residential and commer- cial real estate as well as handling real estate assessment appeals and tax exemption requests. srider@barley.com | (717) 399-1576. n
always re- v i e w t h e proper ty ’ s z o n i ng t o de t ermi ne wh a t y o u c a n a n d cannot do at the property and whether
Sarah Rider
any zoning relief is required. Practically all cities, town- ships and boroughs have zon- ing ordinances that regulate the use of properties within their municipalities. Zoning ordinances provide for differ- ent zoning districts, such as residential, commercial and industrial districts, which designate uses permitted by right and dimensional requirements for each zon- ing district. Municipalities also have zoning officers who interpret and enforce their zoning ordinances and zoning hearing boards that serve as quasi-judges to hear requests for uses and dimensional requirements that vary from the zoning ordinance. Although municipalities must include uses permit- ted by right in each zoning district, they may classify certain uses as special excep- tions or conditional uses to have more control over those uses. For example, a bed and breakfast use may not be permitted in a residential district but it could be per- mitted as a special exception or a conditional use in that district if certain conditions are met. How do I obtain Special Exceptions? You will need to apply to, and attend a hearing before, the zoning hearing board to obtain a special exception. The board determines wheth- er the proposed use complies with certain requirements specified in the zoning ordi- nance. For example, the zon- ing ordinance may require that the operator of the bed and breakfast reside there. The board may also require additional conditions to be met to protect the public in- terest. How is a Conditional Use Different from a Spe- cial Exception? A conditional use is noth- ing more than a special ex- ception, but the request is
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