This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: J. Covey

Court Rejects Special Exception Conditions Not Based in Zoning Ordinance/MPC or Supported By Record Evidence

 

In this case out of Washington County, the Commonwealth Court was asked to weigh in on what conditions a zoning hearing board may reasonably impose upon a special exception approval.  In ruling that most of the conditions imposed by the Cecil Township Zoning Hearing Board (“ZHB”) were unreasonable, and thus an abuse of discretion, the Commonwealth Court emphasized that conditions placed on a special exception approval must be based upon either the zoning ordinance or the Municipalities Planning Code (“MPC”), and must be supported by evidence in the record.

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Chicken Processing Facility Encompassed By Ordinance’s Definition Of “Agriculture”

If chickens are raised on the farm, is a plant for processing those chickens considered part of that agricultural use? That was the question presented to the Commonwealth Court in this case.  After analyzing the specific language of the municipal zoning ordinance, the court concluded such a facility was part of an agricultural use and therefore was permitted in a district that only allowed agriculture uses.

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