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Zoning 102 – The Next Steps
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- 07/14/18 10:00AM - 12:00PM America/New_York
- Orinoka Mills, NKCDC Philadelphia , Pennsylvania 19134
- Free
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Zoning 102 – The Next Steps
July 14th, 2018
10:00am-12pm
Location: Orinoka Mills, NKCDC
2771-2777 Ruth Street
Philadelphia, PA 19134
Presented By: A. Jordan Rushie, Esq., Rushie Law PLLC
Discussion: Zoning 102 – The Next Steps
Zoning 102
Significant cases affecting Property Rights:
Police Power
- Sovereign power of the state to regulate and control private behavior to protect and promote the greater public welfare
- Protection of health, safety, morals, property values, convenience, and general welfare
- Must be delegated by state to counties and municipalities
Review of Zoning Decisions
- Challenge to zoning must be filings for final decision
- Challenge to rezoning decision is a de novo proceeding
Review of Quasi-Judicial Decisions
- Challenge to admin / quasi-judicial decisions (variances) is judicial review "on the record"
Preservation of Rights
- Landowner making constitutional attack on ordinance must do so before local governing body
Factors for Judicial Review of Zoning Decisions
- Validity of zoning ordinance determined by specific facts and relevant "general lines of inquiry" based on evidence presented
- 102 factors
- Existing uses and zoning of nearby property
- Extent to which property values are diminished by the particular zoning restrictions
- Extent to which the destruction of property values of the plaintiff promotes the health, safety, morals, or general welfare of the public
- Relative gain to the public compared to the hardship imposed upon the individual property owner
- Suitability of the subject property for the zoned purpose
- Length of time the property has been vacant as zoned, considered in the context of land development in the vicinity of the property
Standing to Challenge Zoning Decisions
- Civic associations alone do not have standing to challenge zoning decision
- Citizens challenging zoning decision must meet "substantial interest - aggrieved citizen test"
Vested Rights - Zoning Application
- A property application vests right to consideration of such application under the ordinance in existence at the time of filing
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- Joseph Scorese