Zoning 102 – The Next Steps

1 Reply

This event is brought to you by:
  • 09/10/18 06:30PM - 08:30PM America/New_York
  • Andy’s Diner & Pub, 505 Ridge Pike Philadelphia , Pennsylvania 19428
  • Free

Disclaimer: BiggerPockets does not support or sponsor any meetups unless otherwise noted. Do your due diligence before attending any events. You may be agreeing to attend an event that includes promotion, pitching, or high-pressure sales tactics or techniques. Poster certifies that there will be no pitching of products or services at this event.

Report Event

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