Zoning and Land Use Planning

The right of a landowner to develop and use his real property is restricted by various legal requirements, including zoning ordinances, subdivision and land development regulations.

A landowner must review zoning ordinances to determine if his proposed use of a building or land is allowed.  The provisions of the subdivision* and land development** ordinance must be consulted if the landowner intends to subdivide or develop his property.  A careful purchaser of real property will review the various zoning, subdivision and land development requirements on the land before he finally acquires the property.  The advice of various professionals, including an attorney, may be necessary to guide the purchaser through the various land use regulations.

Common Terms:

*Subdivision refers to the creation of new lots or changes in property lines.
**Land Development involves construction of public or private improvements to land.

Montgomery County Planning Commission
Montgomery County Courthouse
P.O. Box 311
Norristown, PA 19404-0311
(610) 278-3722 / FAX (610) 278-3941
e-mail: rcartier@mail.montcopa.org
Office Location: One Montgomery Plaza, Suite 201, Swede & Airy Streets, Norristown

Chester County Planning Commission
Government Services Center
601 Westtown Road, Suite 270
P.O. Box 2747
West Chester, PA 19380-0990
(610) 344-6000

Berks County Planning Commission 633 Court Street, 14th Floor Reading, PA 19601 (610) 478-6300 / FAX (610) 478-6316

Zoning

What is Zoning?

According to the Governor's Center for Local Government Services, "zoning is a method a community may use to regulate the use of land and structures.  It is initiated by the adoption of a zoning ordinance designed to protect the pubic health, safety and welfare and to guide growth." *

A zoning ordinance "divides all land within a municipality into districts, and creates regulations that apply generally to the municipality as a whole as well as specifically to individual districts." *  Studies to determine the boundaries or need for districts are drawn into a document called a comprehensive plan.

What is the Relationship Between Planning & Zoning?

Planning Involves the Future

"Planning involves taking inventory of development alternatives, analyzing the collected data, projecting the future growth a nd development alternatives, and establishing policies to be implemented in the future.  It is a blueprint for future development of the community." *

"Zoning is one method of implementing the plan.  It is based upon the comprehensive plan, and helps to put the plan into effect.  Zoning is oriented to the present, whereas a comprehensive plan has a horizon of 15 to 20 years." *

* The Governor's Center for Local Government Services, "Zoning, Planning Series #4'" Seventh Edition, Harrisburg, PA, February 1999.

 

Administration of Zoning Ordinances

WHO IS THE ZONING OFFICER?

The administration of a zoning ordinance falls in the first instance on the zoning officer of the municipality.  One of the functions of the zoning officer is to receive and review applications, subject to the zoning ordinance, granting or denying the application on the basis of a strict reading of the ordinance.

WHAT IS THE ZONING HEARING BOARD?

After the zoning officer, the administration of the zoning ordinance falls under the jurisdiction of the zoning hearing board.  The zoning hearing board is a quasi-judicial body consisting of three or more citizens of the municipality.  Generally, the zoning hearing board has jurisdiction over various matters, including appeals questioning the correctness of any decision made by the zoning officer; applications seeking a special exception; or appeals or applications seeking a variance.

The zoning hearing board holds hearings on each application or appeal.  Decisions of the zoning hearing board may be appealed to the local court of common pleas, and thereafter to the Pennsylvania Commonwealth Court and, if allowed, to the Pennsylvania Supreme Court.

A zoning hearing board, following the conclusion of a hearing, is required to issue a written decision upon the application.

Links

Environmental protection questions regarding Land Use Planning may be answered at the PA Department of Environmental Protection web site.

Visit the Department of Community and Economic Development regarding other Land Use Planning questions you may have.

Pennsylvania Planning Association - Chapter of American Planning Association includes information regarding the State Planning Code, Planning Agencies, Planning & Zoning, Planning Series and PA Local Government.

Technical assistance regarding proposed legislation, state statutes, land use case law and other helpful links may be found at the PA Land Use Law Library site.

The Montgomery County Planning Commission has a site including numerous planning related links of interest.

Click on these Attorney's names to find out how they can help you with all of your Zoning and Land Use Planning needs:
John A. Koury, Jr.
David S. Kaplan
Henry T. Zale
Ryan A. Costello