Zoning Planning & Land Use Law in Pennsylvania

Prospect Park, Pennsylvania has laws which regulate 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 prevalent 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. Typically, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of typical 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 instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and create a noisy, smelly, dirty factory on it.

While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the numerous legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Prospect Park, Pennsylvania

Zoning laws are frequently quite extensive and meticulous, and it's quite possible that your property in Prospect Park, Pennsylvania contains some minor zoning violation that you don't know about. If this happens to you, you have substantial legal protections.

Initially, and perhaps most apparently, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.

Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Prospect Park, Pennsylvania's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Moreover, zoning ordinances cannot be applied against you retroactively. For instance, 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 reside 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.

What Can A Prospect Park, Pennsylvania Attorney Do?

If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Prospect Park, Pennsylvania real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.