By Eric Wert

Many Pennsylvania residents know that their community has a Zoning Hearing Board, but few really understand what the ZHB does or how the zoning process actually works.

In fact, those individuals may think that because the only property they own is their home and they aren’t planning to develop a property as part of a business venture, they’ll never need to understand the Zoning Hearing Board procedure or attend a hearing.

Such assumptions may fall apart, however, when that person receives a notice from the Township that one of their neighbors has applied to the Zoning Hearing Board for permission to add a significant addition to their home very close to the property line or sees that property adjacent to their neighborhood may be changed from its current residential use to a hectic commercial use. All of a sudden, that person has to quickly figure out how a zoning hearing works so that they can participate in the hearing and protect their rights, the peace of their neighborhood, and the value of their property.

I previously wrote an article discussing the steps a property owner may have to take if they want to do a project on their property that will need zoning relief. However, sometimes people are forced to take an involuntary crash course in zoning law and procedure to protect their neighborhood or property from what they think is a harmful project. This can feel overwhelming.

If you find yourself in that situation, the most important thing to know is that the process of requesting relief from the Zoning Hearing Board is much more than a sales pitch to the Township about how great a project is going to be. It is a quasi-judicial process with specific rules and procedures that must be followed closely. The process can feel like a courtroom trial with witnesses, evidence, and a stenographer recording what is said.

The rules that must be followed can be found in your municipalities’ Zoning Ordinance and the statewide Pennsylvania Municipalities Planning Code. They contain specific items that an applicant has to prove to the ZHB (sitting as a judge) to allow the ZHB to grant the zoning relief requested. Only if the ZHB is satisfied that the developer has proven their case can the zoning relief be granted.

Further, if you appear as a neighbor in opposition to an application, you will likely have the opportunity to ask questions of the developer’s witnesses and even to introduce your own witnesses and exhibits to demonstrate to the ZHB that the applicant has not sufficiently proven his case under the law. Essentially, if you are sufficiently prepared, you may be able to prove to the ZHB that the law doesn’t allow the ZHB to grant the developer the relief he seeks.

Even if the ZHB grants the zoning relief despite your opposition, and you don’t believe that the developer’s case was properly proven through the evidence presented at the hearing, you have a right to appeal the ZHB’s decision to the County of Common Pleas. There, a county judge will review the evidence presented at the hearing and determine whether the ZHB’s decision was proper under law and the evidence presented at the hearing.

This process can feel daunting, but it is not uncommon for a neighbor (or group of neighbors) to participate in a hearing before their local ZHB and prevent approval of a project that they think will harm their community.

With that said, as attorneys who regularly appear before local ZHBs (both on behalf of applicants and in opposition to applications), we would be happy to discuss your concerns about an application to help you come up with a plan to protect your rights and speak on your behalf at the ZHB.

If you have questions or need assistance with your property or business, Dischell Bartle Dooley can help. You can contact us online or call 215.362.2474.

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About Eric Wert:
Eric is an attorney with local roots. He was raised in Montgomery County, married his high school sweetheart and now lives, works, and is raising his family right here too. 

Eric primarily practices in the areas of Real Estate/Land Use/Zoning, Business Law, Municipal Law, Wills, Trusts, and Estate Planning.

Eric chose to pursue a career in the legal profession out of a desire to help individuals navigate the law as they pursue their business or real estate passions. His clients value his professionalism and extensive knowledge of the local laws.