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What is the Pennsylvania MPC and How Can It Impact My Business?
If you’re starting a business in Pennsylvania or looking for space to expand, it’s essential to understand local zoning regulations before deciding on a new location. All Pennsylvania municipalities are authorized to establish zoning ordinances under the Pennsylvania Municipalities Planning Code; this code is commonly called the “MPC.”
The MPC was enacted in 1968 and has been amended over the years. Its primary function is to grant municipalities the power to adopt and enforce zoning ordinances, while also providing limits and guidelines on how these ordinances are implemented. Zoning ordinances dictate how land within a municipality can be used, including what types of activities are permitted, the intensity of those activities, and how properties may be developed.
Under the MPC, zoning ordinances must also provide a mechanism for property owners to seek relief from certain restrictions. This is typically done through variances or special exceptions, which allow exceptions to the zoning rules under certain conditions.
These zoning exceptions are known as “variances” and essentially are exceptions or “waivers” from specific zoning ordinance provisions.
A variance is essentially a waiver from specific zoning regulations. To obtain a variance, you must appear before the zoning hearing board, an independent body appointed by the municipality. The board holds a quasi-judicial hearing where evidence is presented before making a decision on whether to grant the variance.
Special exceptions are uses that may be permitted in a zoning district but require additional scrutiny because of their potential impact on the surrounding area. Like variances, these are also decided by the zoning hearing board.
If you’re planning to purchase or lease property for a start-up or to expand your business, it’s critical to ensure that your intended use complies with the local zoning ordinances. If not, you may need to seek a variance or special exception, both of which can be legally challenging. Consulting with a business or real estate lawyer can help you navigate this process.
This process can be legally complex, so it’s important to consult with and seek the advice and guidance of a professional real estate lawyer to prepare and obtain the zoning changes you need.
What Are Some Examples of Zoning That Could Affect My Business?
Most zoning ordinances aim to balance land use within a municipality, ensuring that development aligns with community goals. Zoning ordinances commonly govern factors such as: – Permitted land uses (e.g., residential, commercial, industrial) – Building heights – Setback requirements (how far structures must be from property lines) – Density of development – Signage regulations
As a business owner, you need to be aware of how a property is zoned to avoid costly fines or operational challenges. Common zoning classifications include:
- Residential
- Commercial
- Industrial
- Agricultural and rural
- Historic
If your business is relocating, expanding, or changing its operations, checking with your experienced real estate law team to ensure zoning compliance is crucial.
As a Business Owner, What Type of Restrictions Should I Check For?
Before purchasing land, expanding, or moving your business, it’s important to be aware of potential zoning restrictions. Some key issues include:
- Problems with the current land use plans – Local municipalities use zoning guidelines to assign land for, at times, particular purposes. There also may be detailed environmental guidelines in place.
- What are the building placements? – These are also known as setbacks and dictate how far you can place a building from the curb or your property line.
- Zoning regulations on signage – Many communities have strict limitations on the size and types of signs your business must use.
- Allowable building use—For example, an old or historic mansion may make an ideal office building. Still, if the area’s zoning is residential only, then your idea for use would not be allowed.
- Zoning changes – Changes can dramatically increase the value of an owner’s land and help change out-of-date regulations. However, zoning changes can impact surrounding landowners, which can lead to disputes.
Before moving forward with any land use plans, consulting an experienced real estate and business lawyer to ensure that zoning issues don’t derail your project.
What May Occur If I Have a Zoning Dispute in Pennsylvania?
Zoning disputes can arise if a business attempts to operate in an area zoned for a different purpose, such as establishing a commercial venture in a residential neighborhood. Common conflicts include issues related to: – Noise, pollution, or odors that affect nearby residential areas – Parking: Commercial parking may infringe on residential zones. – Signage and visibility: Zoning ordinances often regulate the size and placement of signs to maintain the character of an area. – Environmental impact: Zoning rules may regulate trash disposal, water runoff, or obstruction of views.
In such disputes, consulting a knowledgeable and professional business and real estate lawyer is vital. They will be familiar with the zoning ordinances in your area and can advise you on seeking variances or special exceptions to resolve the issue.
It’s never wise to lease, purchase, or alter any land use without thoroughly investigating the zoning restrictions that your business lawyer will disclose.
My Business Needs a New Location, and Zoning May Be an Issue; What Should I Do?
Zoning issues can significantly affect business operations and real estate projects. Pennsylvania courts have issued thousands of decisions on zoning and land development over the past few decades, making zoning cases complex and potentially costly.
Before leasing, purchasing, or altering land use, it’s wise to consult with an experienced business or real estate lawyer. They can ensure that your plans comply with local zoning laws and help you navigate any disputes or necessary adjustments.
The business and real estate lawyers at Pile Law Firm, PLLC, specialize in business and real estate law, including zoning issues. Call us today at 267-281-1675 for a free consultation, and we’ll help you address any zoning challenges that could impact your business.
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