• Home
  • About Us
    • William E. Benner
    • Edward M. Wild
  • Blog
  • Contact Us
215.230.4900
  • Home
  • About Us
    • William E. Benner
    • Edward M. Wild
  • Real Estate Representation
    • Land Development and Zoning
    • Real Estate Litigation
    • Real Estate Transactions and Leasing
    • Homeowner and Condominium Associations
    • Environmental and Administrative Practice
    • Real Estate Tax Assessment Appeals
  • Business Law
  • Commercial Law
  • Alternative Dispute Resolution
  • Blog
  • Contact Us

Post navigation

← Previous Next →

How a Zoning Lawyer Can Help Your Business

Posted on February 12, 2019 by bwadmin

zoning appeals Doylestown

Last year, thousands of people signed a petition in support of Sit. Stay, a Newtown doggy daycare that was seeking a zoning variance that would have allowed it to stay in business.

People tend to love dogs, and the people who care for them. But when it comes to zoning, the law is the law. Even ten thousand dog lovers can’t change it.

Fortunately for its owners and supporters, the Newtown Township zoning board sided with the doggie daycare, clearing the way for it to stay in business.

And while it’s nice to have the community on your side when filing zoning appeals, Doylestown residents and business owners should also have a land use attorney by their side during this process.

As you’ll see, getting your property rezoned can be quite complicated.

Expanding your business

If you want to expand your business, and your business is located in a district where what you do is already covered by the local zoning ordinance – for example, a retail operation in a commercial district – then your appearance before the zoning board will deal with issues like property setback limitations.

Things get trickier when you introduce the idea of a non-conforming use. Let’s say you owned a machine shop that opened in 1960. Ten years later, your community established a zoning ordinance.

The machine shop was now part of a residential zone, but because it predated the zoning ordinance, it was considered “grandfathered” as a pre-existing non-conforming use and could stay in business.

Now it’s 2019. The machine shop is still in business. In fact, business is booming and the owners need more space.

Under Pennsylvania natural expansion doctrine law, businesses have the right to expand a non-conforming use. But those rights have limits, with municipalities having the power to restrict non-conforming uses.

And the Pennsylvania Supreme Court has declared that an expansion of a non-conforming use can be halted if it would have a negative effect on public health or safety.

Special exceptions and variances

When it comes to zoning appeals, Doylestown and other local communities typically require property owners to appear before the zoning hearing board, which will approve or deny either a special exception or a variance (an exception to land use rules).

In a zoning hearing, the burden of proof is on the property owner to present witnesses or other evidence that shows the existence of a pre-existing, non-conforming use.

But that might not always be enough. Property owners can’t extend the non-conforming use into connected properties. And most state zoning ordinances won’t allow a property to expand more than 25 to 50 percent of the size of the original property.

Going before a zoning hearing board can be a daunting task, especially when you aren’t sure about the law. If you need help plotting out your next zoning appeals, Doylestown’s Benner and Wild is ready to assist you.

Our land use attorneys have decades of experience in handling zoning requests and helping residents and businesses who are challenging local zoning ordinances. Contact us today to find out how we can help your company grow.

This entry was posted in Zoning Appeals and tagged zoning appeals by bwadmin. Bookmark the permalink.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Categories

  • arbitration
  • Business Law
  • Commercial Law
  • Construction Litigation
  • hoa
  • land use
  • Legal Services
  • News
  • Pennsylvania Laws
  • real estate mediation
  • Real Estate Representation
  • Tax Services
  • Uncategorized
  • Zoning Appeals

Archives

  • September 2020
  • August 2019
  • July 2019
  • June 2019
  • March 2019
  • February 2019
  • November 2018
  • October 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • February 2018
  • December 2017
  • October 2017
  • August 2017
  • May 2017
  • March 2017
  • February 2017
  • September 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • October 2015
  • August 2015
  • March 2015
  • February 2015
  • September 2014
  • July 2014
  • May 2014
  • April 2014
  • December 2013
  • November 2013
  • October 2013
  • August 2013
  • July 2013
  • April 2013
  • March 2013
  • January 2013
  • December 2012
  • September 2012
  • July 2012
  • June 2012
  • May 2012
  • March 2012
  • February 2012

Tags

alternative dispute resolution arbitration bucks county bucks county law firm builders representation business law business lawyer business partnership law commercial law commercial mediation condo associations law condo laws construction law construction litigation criminal defense criminal defense attorney criminal law doylestown driving under the influence dui dwi formation of corporations gavin laboski hoa laws homeowners association law homeowners representation landlord tenant law land use land use attorney law offices legal services mediation mediation clauses new business entities philadelphia condominium associations real estate development dispute real estate law real estate litigation real estate representation real estate tax assessment real estate tax sale law real estate transactions seller disclosure law settlement agreements zoning appeals
  • Home
  • About Us
  • Representation
  • Business Law
  • Commercial Law
  • Alternative Dispute Resolution
  • Blog
  • Contact Us
  • Service Areas

Follow Us Online

  • Facebook
  • LinkedIn
  • Twitter

Benner and Wild, Attorneys at Law BBB Business Review

Copyright © BennerWild.com
Website Design & Internet Marketing by IQnection