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PA RE Broker: Pennsylvania Municipalities, Zoning and Land Use

PA RE Broker · Work through your exam, one topic at a time.

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Pennsylvania Municipalities, Zoning and Land Use

What the exam tests

Pennsylvania Municipalities, Zoning and Land Use tests local government structure, zoning authority, subdivision and land development, variances, and nonconforming uses. Questions ask which approval a project needs.

Core rules

  • Pennsylvania municipalities include cities, boroughs, townships, and counties; the Pennsylvania Municipalities Planning Code authorizes zoning, subdivision, and land development regulation.
  • Zoning ordinances divide land into districts and set use, density, height, setback, and parking standards.
  • A variance grants relief from dimensional or hardship standards; a special exception is a use permitted by the ordinance subject to review; a conditional use requires governing-body approval.
  • Nonconforming uses existed before the ordinance and may continue but generally cannot be expanded without approval.
  • Subdivision and land development require plan approval; building permits and occupancy permits enforce construction and use codes, not zoning alone.

Worked example

An owner wants to add a second dwelling unit on a lot zoned single-family. The ordinance allows a unit only by special exception. The owner must apply for a special exception, not a variance, because the request is for a permitted use category, not relief from a dimensional standard. Neighbors may oppose, but the zoning hearing board applies the ordinance criteria.

Traps that cost marks

Do not confuse a variance with a special exception. Do not assume a nonconforming use can be enlarged at will. Do not treat a building permit as zoning approval. Do not ignore subdivision approval when creating a new lot.