4 Notable Points About Zoning Laws
Zoning laws in Pennsylvania can be complicated; however, the experienced Zoning Attorneys at Bingaman Hess can provide legal counsel regarding zoning and land use ordinances and help resolve zoning issues.
What Are Zoning Ordinances?
Generally, zoning ordinances are created by municipalities to control the developmental and operational use of land within that municipality. Zoning ordinances govern how land can be used – residential, industrial, commercial, agricultural, historic, etc.
According to Pennsylvania law, zoning ordinances may be designed to accomplish specific goals including but not limited to:
- Promote, protect and facilitate public health and safety
- Preserve the natural, scenic, and historical values in the environment and the preservation of forests, wetlands, aquifers, and floodplains
- Prevent overcrowding, blight, danger and traffic congestion
- Preserve prime agriculture and farmland
- Accommodate reasonable overall community growth, including population and employment growth, and opportunities for the development of a variety of residential dwelling types and nonresidential uses
Individuals, businesses, and other entities must adhere to local zoning ordinances or citations may be issued against them. It is always best to consult an experienced zoning attorney before starting any major building project, renovation, etc.
4 Notable Points About Zoning Laws
- Nonconforming Use
A nonconforming use often refers to an exemption for an existing property. That property is not required to abide by newly enacted zoning laws, Cornell Law School explains. A nonconforming use comes with limitations. Often, a nonconforming property may not expand its nonconforming use in any way or change the property use at all unless it conforms with new zoning regulations. In some circumstances, the nonconforming use may only be granted for a limited amount of time, setting a deadline for the property to meet the new requirements.
- Zoning Changes
A municipality can change its zoning ordinances, which can affect land use, property values, and the environment. A dispute may occur if a property owner disagrees with the proposed changes or how the changes are implemented.
- Variances
A variance allows a property owner to deviate from an existing zoning requirement. A variance can be difficult to obtain depending on the circumstances. Variance requests are heard by a zoning hearing board upon application of the property owner. An example of a use variance is a coffee shop, a commercial use, located on a residential property. Neighboring property owners are notified about variance requests and they can oppose them.
- Violation of Setback Ordinance
A setback is a minimum distance that a building or structure can be built from a property line, street, road, or other place as determined by a municipality. There are both aesthetic and functional benefits to setback ordinances. A violation occurs when a property owner builds a structure within that minimum distance. Unless relief is granted, a property owner may be required to move or reconfigure the structure, which can be costly.
Choosing the Right Zoning Law Attorney
If you need to file a zoning appeal or need to challenge an issued citation, the municipal attorneys at Bingaman Hess can help. They have extensive experience in many complex municipal and zoning laws and regulations and can provide a full range of municipal legal services. The municipal law attorneys at Bingaman Hess can provide ongoing legal counsel or help with a specific legal issue.
Call our municipal attorneys today at 610.374.8377 or find us online.
News & Information
Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.
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