Zoning 102 – The Next Steps

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  • 09/10/18 06:30PM - 08:30PM America/New_York
  • Andy’s Diner & Pub, 505 Ridge Pike Philadelphia , Pennsylvania 19428
  • Free

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Diversified Investors Group: Phil-Mont Sub Group

September 10th, 2018

2nd Monday of the Month

6:30 PM to 8:30 PM

Location: Andy’s Diner & Pub, 505 Ridge Pike, Conshohocken, PA 19428

Contact: Joe Scorese 215-290-5108 [email protected], Austin Jones (215) 718-7141 [email protected] & Albert Stroble [email protected]

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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