Zoning Classification

Some municipalities do not have zoning classification ordinances, which would make this paragraph not important. However, all the municipalities in my local do have ordinances. Buyers need to be aware of the classification for their property shown as a letter / number combination. This combination will usually mean different things in different municipalities so it is always advisable to have a short description of the types of permitted uses. Always have the classification shown on the Agreement.

“Pennsylvania law requires that the Agreement contain the zoning classification of the Property unless it is an area that is zoned primarily or exclusively for single-family homes. If the Property is zoned to permit anything other than a single family dwelling, the zoning classification must be stated on the Agreement or the Buyer will have the right to void the contract.”

General Information about Zoning

Municipal governments are empowered to pass zoning ordinances that may regulate the use, subdivision or improvement of a property. New York City adopted the first truly comprehensive and systematic zoning law in 1916. It took three years and set a basic pattern that has been followed and refined by American cities, towns, and counties ever since.

“Zoning laws divide land into zones (districts) and within each zone regulate the purpose for which buildings may be constructed, the height and bulk of the buildings, the area of the lot that they may occupy, and the number of persons that thes can accommodate.”

What Does That Mean for You?

This means you cannot assume you are able to change the property in any way you wish once you are the new owner. If you want to make changes, you should go to the local zoning office and learn the classification for your parcel of land. Then consult the zoning ordinance, you can see the permitted uses for the parcel as well as any restrictions to construct your improvement.

Zoning ordinances are enforced with building permits and occupancy permits. Your title insurance may protect you against future disputes resulting from past owners not complying with zoning ordinances. Now, what about changes you want:

• Construct a patio, deck, second story deck, or any combination of these three?
• Place a swimming pool in ground, above ground, or near your property line, near your septic system or near your well. What are the fill restrictions during drought conditions? How will you dispose of the chlorinated water, now considered hazardous material?
• Have a home office with and/or without clients visiting?
• Rent a spare bedroom or in-law suite to non family members?
• Lease part of your property to non-family members?
• Add an addition to your house? Place an apartment above the garage to rent?

Do not assume permission to make any of these changes even to accommodate a disability. My final warning - Always have the classification shown on the Agreement.

Return From Zoning Classification To Part 1