This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: ordinance interpretation

Vacation Rental of Entire Home Does Not Qualify as Tourist Home Use

In this appeal of a zoning violation notice, the Commonwealth Court was asked to determine whether short-term rentals of entire properties, made common by services such as AirBnB, are encompassed by existing definitions for more traditional uses, such as tourist homes, hotels, or motels.  In strictly applying the terms of the applicable ordinance, the Court concluded that “shoe-horning” such uses into existing definitions was improper, and the regulation of such uses must be done by amending the applicable zoning ordinance.

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Chicken Processing Facility Encompassed By Ordinance’s Definition Of “Agriculture”

If chickens are raised on the farm, is a plant for processing those chickens considered part of that agricultural use? That was the question presented to the Commonwealth Court in this case.  After analyzing the specific language of the municipal zoning ordinance, the court concluded such a facility was part of an agricultural use and therefore was permitted in a district that only allowed agriculture uses.

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