What is the definition of a “building lot?” That question is the subject of this appeal from Lackawanna County.
Continue readingThis blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: zoning ordinance
In this appeal, the Third Circuit Court of Appeals ruled that the City of Clairton’s zoning ordinance, which banned “treatment centers” for recovering drug and alcohol addicts from being located in residential areas, did not discriminate against recovering drug addicts in violation of the Fair Housing Amendments Act.
Continue readingIn this zoning appeal out of Montgomery County, the Commonwealth Court addressed whether, under the Municipalities Planning Code (“MPC”) the filing of a mandatory sketch plan created a vested right such that any future zoning applications had to be reviewed under the zoning ordinance in effect when the sketch plan was filed. In affirming the trial court’s decision, the Commonwealth Court concluded the MPC created a vested right which applied to both the then existing subdivision and land development ordinance (“SALDO”) and zoning ordinance.
In this case out of Adams County, the Commonwealth Court was presented with a question regarding whether a zoning hearing board (“ZHB”) can deny an application for zoning relief based on a provision that was not raised, or incorrectly cited, by the zoning officer in his initial denial. In finding that the ZHB could make such a finding, the court supported its determination by citing to the fact that the issue had been raised at the zoning hearing and the applicant had been given an opportunity to address the issue and supplement the record prior to its close.
The Commonwealth Court was tasked with considering whether Maxatawny Township’s Board of Supervisors (Board) erred by granting an applicant’s Final Land Development Plan with conditions that were identical to the conditions set forth in the approved Preliminary Plan, when those conditions were not satisfied after the preliminary approval.
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