In this appeal from Allegheny County, the Commonwealth Court reaffirmed the principal that under Pennsylvania law, municipalities may not require a party to obtain permits from outside agencies before granting zoning relief. The Court held that in such a scenario, the appropriate procedure is to condition approval of the zoning relief upon the applicant receiving such permits, as opposed to denying the application outright.
Continue readingTag: substantive validity challenge
This case out of Erie County involved a substantive validity challenge of an ordinance down-zoning a property based on an allegation of illegal spot zoning. In affirming the dismissal of the challenge, the Commonwealth Court concluded that Objectors had failed to satisfy their burden of establishing that the parcel was characteristically similar to surrounding properties.
The Commonwealth Court found in this case that mere “concerns” about gas emissions from a proposed compressor station were insufficient to establish a substantial threat to the community that would justify the denial of a conditional use application.
In this case out of Dauphin County the Commonwealth Court held that municipalities cannot prohibit through zoning regulations the placement of violent offenders into work-release programs within their jurisdiction.
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