Property Dreams Can Come True- If Zoning Allows It
You can picture it – a nice new deck, addition on the house, or the backyard pool you always wanted. Before you can break ground on that new project there are zoning and building requirement laws that will affect what you can do with your property.
Keep it simple.
When looking to start a new project, whether DIY or with a professional, one of the first stops should be your local code. The local zoning code provides you the rules on WHAT can be built on your property. Your building code deals with HOW your project can be built. One of the most important things to keep in mind is to keep it simple. Read the words plainly, and use common sense.
A Case of Common Sense
The lesson in reading your local code and ordinances with a common sense approach was laid out by the Pennsylvania Supreme Court in Slice of Life, LLC v. Hamilton Township Zoning Hearing Board in April of 2019. The Court in Slice of Life shot down the lower courts decision that the term “family” could include properties being used as short term rentals.
If the code says “family,” it does not mean a renter and a bunch of his/her guests. While it is a basic concept on its surface, the company Slice of Life, LLC spent significant legal fees attempting to argue for a definition of family which is contrary to common sense.
Do Your Homework First
When deciding to put an application in before a Zoning Hearing Board or appeal a zoning decision it is critical to keep hold of your senses and approach the project from the ground up. Decisions to fight for a use not provided for in a zoning district can be a challenge. It is even more difficult when arguing for a definition of a word that goes against the plain, ordinary meaning of a term.
Schedule a Consultation With MPL Law Firm
If you have questions on your zoning and building laws it is best to call a local law firm which specializes in municipal law. The consult upfront could save you thousands of dollars down the road. If you are not sure if you can have your dream come true on your property, contact us at MPL Law Firm to schedule a consultation and case evaluation.