What is Zoning?

Zoning, in general, is a power granted to municipalities in states, including Pennsylvania. The various municipalities have the power to enact, amend, or repeal a zoning ordinance, either wholly or partly within its municipality (see 53 P.S. § 10602). The Pennsylvania Municipalities Planning Code (MPC) permits municipalities to adopt zoning ordinances.

Zoning law can be complicated to figure out. How do you know to comply with a zoning ordinance? How do you know one exists within your municipality? What happens if you don’t comply with the zoning ordinance? What’s the purpose of zoning?

Pennsylvania Zoning Regulations

Pennsylvania zoning regulations are governed by the MPC. Pennsylvania enacted the MPC in 1968 and has continued to expand in granting municipalities the right to adopt zoning ordinances. In granting the municipalities the right to adopt zoning ordinances, the municipalities control the contents, adoption, and carrying out (i.e., relief) of the ordinances.

What’s the purpose behind zoning?

Pennsylvania law sets forth various provisions that permit municipalities and counties to implement zoning ordinances. Many of these zoning ordinances are meant to promote or protect public health, safety, morals, and the general welfare (53 P.S. § 10604(1)). Some zoning ordinances are meant to improve community development or ensure emergency management preparedness (e.g., fire and police stations). Each zoning ordinance has a public health and safety component attached to it. This component is because of the U.S. Supreme Court’s holding that “Municipal zoning regulations are constitutional, unless they are clearly arbitrary and unreasonable in relation to the general public’s health and welfare” (see 272 U.S. 365, 389 (1926)).

Zoning ordinances can also prohibit specific uses within a specific zoning area. Some properties have zoning restrictions that prohibit the property from being used for either residential or commercial purposes. Additionally, some properties may contain either a real covenant or an equitable servitude (covenant), which would limit the use of a property. However, covenants are different from zoning ordinances as covenants are contained within a property title not a zoning ordinance (382 Pa. 401, 404 (1955)).

Many zoning regulations seek to prohibit:

• overcrowding of land,
• blight,
• danger of congestion in travel areas,
• loss of health or life,
• and loss of property from floods, fires, panic or other dangers.

Moreover, some zoning ordinances may concern agricultural regulations that may provide a limited or restricted use considering the topography of the land (Id. at § 10604(3)).

Does a zoning ordinance exist within my municipality?

The simple answer is yes. Surprisingly, Pennsylvania law prohibits any municipality from leaving an “unzoned” area within its jurisdiction (53 P.S. § 10605). As per the MPC, each municipality within Pennsylvania’s counties has the authority to enact, amend, or repeal a zoning ordinance. Each municipality should provide a “zoning district.” You should first figure out what zoning district your property sits on, and then you know which zoning ordinance applies to your property.

What are zoning districts?

Zoning districts consist of various uses such as:

• industrial,
• agricultural,
• commercial, or
• residential.

Zoning districts allow the municipalities to control location, use, and density (population). Moreover, these zoning districts can be further divided to permit for either specific or mixed uses, such as residential homes and retail stores, called zoning classification.

The classifications for zoning are strict but may permit mixed uses or special uses. Mixed uses allow for residential zoning and commercial zoning (e.g., malls) to coincide within the same district (e.g., residents living close to work). For example, in Ontelaunee Township there are various classifications that permit or prohibit residential, commercial, and/or residential uses within zoning districts. However, special uses are typically meant to provide nearby zoning districts with an amenity. Sometimes these amenities can include a school or a park that are typically maintained by the municipality.

How do you comply?

Complying with the zoning ordinance can be easy if you know what zoning ordinance(s) apply to your property. Once you know or call the municipal office to discuss the meaning of the ordinance or its subparts, you will know what requirements your property must comply with. Additionally, Pennsylvania has a “Right to Know Law” for all municipal zoning ordinances. This law requires that all municipalities inform you of information you request regarding a zoning ordinance. If the zoning ordinance is determined to show doubt exists as to its meaning, the ordinance will be interpreted in favor of the property owner.

Even after you receive this information, to comply with zoning regulations, you will need to ensure that you file an application for zoning relief. Zoning relief is a request for zoning change, zoning variance (zoning deviation), or relaxation of existing zoning ordinance/standard. In other words, zoning relief is a way property owners can seek relief from a zoning ordinance’s requirements.

A zoning relief application is heard by the municipality’s zoning hearing board. The zoning hearing will take place at the municipal office in the township/borough and fees will be attached to your zoning relief application as costs for the hearing. Note that your neighbors and others in the community will be notified of the hearing to allow their approval or opposition to the zoning relief you request. The zoning hearing board will hear the relief you seek and have 45 days to issue a decision on whether to grant or deny the relief. If granted, the property owner may begin implementing their relief. If denied, the hearing board will state why the relief was denied and the property owner can appeal the decision.

What happens if you do not comply?

If you fail to comply with the above-mentioned procedures, there can be harsh consequences. Fines and penalties can be imposed upon you for not following zoning ordinance procedures. These fines and penalties are defined under Pennsylvania law to include civil fines of up to $600 per each applicable ordinance violation. Criminal violation may also be prescribed by up to $1,000 per violation. You may also receive imprisonment, if justified. Moreover, the statute indicates that for each day there is an ordinance violation, it counts as a separate violation. In other words, if you are breaking one zoning ordinance regulation for three days, you could owe the municipality up to $1,800 (or potentially $3,000 for criminal violations). The takeaway is to comply with all zoning ordinance procedures to ensure that all zoning ordinance provisions are complied with.

Conclusion

Pennsylvania’s MPC is complex, and municipalities do not make their zoning ordinances the easiest to interpret. The zoning ordinances can lead you to question if certain property uses are protected or prohibited. You may even wonder if your property use complies with the zoning ordinance. Cornerstone Law Firm is here to help. If you need help with zoning ordinances or the zoning process, please contact our office at (610) 926-7875.