Legal Question in Real Estate Law in Pennsylvania

zoning

Land was purchased a year ago. The new owner took front loaders and constructed a off-track racing tract. Complaints were lodged with the zoning officer about the dust and noise. There are several homes in the imediate area and not one wants this to continue. The owner has just applied for a permit and it appears it maybe approved.

Not only the dust asnd noise but our property values will be effected. What options do we have if this is approved?


Asked on 7/18/07, 12:36 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: zoning

It really depends on your local zoning and use code.

If the permit is not automatic under the zoning and use code, it will probably require an "appeal" from a rejection of the application, followed by public hearings. The property should be posted [in Philadelphia, orange posters have to be affixed to all street sides of the property for a certain number of days before the hearing date].

You and the other neighbors who have objections should attend that hearing to voice the objections. You would also be better served by consulting a local zoning lawyer, who could advise you about the permitted and possible uses in the zoning district, and how to oppose the application if there is an opportunity to do so.

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Answered on 7/18/07, 1:04 pm


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