Zoning & Land Use Law in Lancaster County

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Land Use and Zoning Representation in Lancaster County

Zoning and land use decisions shape what you can build, how you can use your property, and what can be built next door. Attorney Joseph J. Kenneff helps property owners, businesses and neighbors understand local zoning rules and present their position clearly before zoning hearing boards, planning commissions and municipal governing bodies throughout Lancaster County.

Experience on Both Sides of the Hearing Table

Since 2011, Joe has served as solicitor to four Lancaster County zoning hearing boards, including the boards of Leacock Township, Providence Township, Mount Joy Borough and Strasburg Borough. In that role he advises board members on procedure, evidence and the legal standards that apply to each application, and assists in preparing written decisions. That work gives him a practical understanding of how boards evaluate requests and what a complete, well-supported record looks like.

Elsewhere in the county, Joe represents property owners, businesses and neighbors before zoning hearing boards and governing bodies. To avoid any conflict of interest, he does not represent applicants or other parties in matters before the zoning hearing boards he serves as solicitor.

Pennsylvania Zoning Law: The Municipalities Planning Code

Zoning in Pennsylvania is governed by the Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10101 et seq., together with each municipality's own zoning ordinance. Under Section 909.1 of the MPC (53 P.S. § 10909.1), the zoning hearing board has exclusive jurisdiction over matters such as:

  • Requests for variances
  • Applications for special exceptions
  • Appeals from decisions of the zoning officer, including permit denials and enforcement notices
  • Most challenges to the validity of a zoning ordinance

Variances, Special Exceptions and Conditional Uses

A variance is relief from the strict terms of the ordinance. The applicant generally must show an unnecessary hardship caused by unique physical conditions of the property, that the hardship was not created by the applicant, that the variance will not alter the essential character of the neighborhood or harm the public welfare, and that it is the minimum variance needed (53 P.S. § 10910.2).

A special exception is a use the ordinance allows when specific criteria are met. It is decided by the zoning hearing board. A conditional use works in a similar way, but it is decided by the governing body, such as borough council or the township supervisors, after a public hearing.

We help clients prepare applications, plans, testimony and exhibits, and we represent them at the hearing, whether they are seeking approval or raising concerns about a neighboring proposal.

Zoning Enforcement

An enforcement notice from a zoning officer should be taken seriously. The notice must explain the right to appeal to the zoning hearing board and the time to do so. If no timely appeal is filed, the zoning officer's determination can become final. Civil enforcement actions are brought before a magisterial district judge and can result in fines for each day a violation continues. Early advice often helps resolve a violation before it reaches that point.

Subdivision and Land Development

Subdivision and land development plans are reviewed under Article V of the MPC and the municipality's subdivision and land development ordinance (SALDO), usually by the planning commission and governing body, with comments from the county planning agency. We assist with plan submissions, requests for waivers or modifications, and conditions of approval.

Appeals to the Court of Common Pleas

Decisions of a zoning hearing board or governing body may be appealed to the Lancaster County Court of Common Pleas under Article X-A of the MPC (53 P.S. § 11001-A et seq.). A land use appeal generally must be filed within 30 days after the written decision is entered. Because the court usually reviews the record made at the hearing, building a complete record before the board is essential.

Property questions often overlap with estate matters. If you are planning how real estate will pass to your family, see wills and estate planning. If you are an executor handling inherited property, see probate and estate administration.

Talk With a Lancaster County Zoning Attorney

If you are planning a project, have received an enforcement notice, or are concerned about a proposal near your property, call Goodman & Kenneff at (717) 872-4605 or book a consultation online.

This page provides general information, not legal advice. Every property and ordinance is different.