Land Use, Zoning and Planning Lawyers in Scranton, Pennsylvania
Scranton, Pennsylvania has laws which govern how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most common issues that homeowners might face, though it is not meant to turn a layperson into an expert.
"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and build a noisy, smelly, dirty factory on it.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.
What if My Property Violates Scranton, Pennsylvania's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Scranton, Pennsylvania's zoning regulations.
First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Scranton, Pennsylvania's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but generally have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.
Furthermore, zoning ordinances cannot be applied against you retroactively. For example, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you live in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.
Find a Scranton Lawyer that Specializes in Your Area of Need:
How Can a Scranton, Pennsylvania Attorney Help?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Scranton, Pennsylvania real estate attorney to help.
There are 105 Real Estate, Housing & Property Law cases posted in Scranton
Cases Posted to LegalMatch listed by ZIP Code:Zoning Planning & Land Use Attorneys in the Largest PA Cities
Life in Scranton
Scranton is located in the northeast region of Pennsylvania. It is in Lackawanna County, with a population of 76,089 people.An interesting fact is that Scranton is one of the largest former anthracite coal mining communities. Other such communities include Wilkes-Barre, Pittston, and Carbondale.
Some popular attractions include the Scranton Iron Furnaces, The Elecric City Trolley Museum, The Lackawanna Coal Mine at McDade Park, Everhart Museum, Terency Powderly's House, The Houdini Museum, Sno Mountain Ski Resort, and the Masonic Temple.
Scranton is also home to many law offices and small firms that provide legal services in all areas. Residents and businesses can therefore remain rest assured because they do not need to travel far for their legal matters to be handled.
Past famous residents include Bob Degen, Judy McGrath, Alex Grass, Bill O'Reilly, B.F. Skinner, Melanie Smith, and Lizabeth Scott.
