As artificial intelligence booms and our digital world grows, so does the demand for data centers. In August, Liz Young of The Wall Street Journal published an article about the growth in the data-center market and the increasing demand for these specialized buildings. The article explains the reasons for such demand while also addressing some of the challenges surrounding data center development.Continue Reading Artificial Intelligence and the Expansion of Data Centers
We do not often highlight specific projects on this blog, but with the anniversary of 9/11 approaching, it seemed fitting to recognize two development projects in the area that will support our veterans.
But first a little background: Given the recent decision of the U.S. Supreme Court in Grants Pass v. Johnson, allowing the enforcement of laws regulating camping on public property, many advocates have renewed their calls on leaders to invest in services, shelters, and permanent housing to combat homelessness. Nationwide, homelessness has grown 13% between 2020 and 2023, and many cities are struggling to meet the needs of this growing population. One major concern of advocate groups is the number of veterans who are included in this demographic. According to a survey conducted by the U.S. Department of Housing and Urban Development, there are over 33,000 veterans experiencing homelessness in the United States. Locally, data provided by the 2022 Lebanon VA Medical Catchment indicates that over 300 veterans in the capital region need housing. In response to this need, two communities for veterans have taken root in Harrisburg.Continue Reading Homes for Vets in Harrisburg: Highlighting Two Projects in the Capital Region
“Your parking requirements stink! What do you mean we have to provide 25 times the number of parking spaces than what the ITE says, or we have to get a variance? What is our hardship other than your requirements haven’t been updated in over 50 years? If your parking requirements were a car, they would be considered antique!”
“Your project doesn’t have enough off-street parking! All those vehicles will park in my spot on the street in front of my house and block my three driveways! How will the plow truck get through? Where will the neighborhood kids play?”
Obviously, these outrageous statements are made up, but the underlying premises are true: parking is and continues to be a contentious issue in numerous communities (for example, see here and here). Continue Reading Waivers and Modifications for Parking Relief: What Do You Mean We Don’t Need a Variance?
We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and disputes that are often difficult for laypeople to fully understand. Moreover, applications involving convoluted and unnecessary steps are not only a source of confusion for applicants, but they also create a heavy burden on municipalities. So here is our take on how to simplify your zoning and subdivision/land development processes, and maybe see less of us attorneys.Continue Reading Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development Applications (Part III of V)
Often times, property owners wish to develop their property in a manner that differs from what is allowed by their local zoning ordinance. When this happens, the property owner must seek and obtain a “variance” from their municipality’s zoning hearing board. Pursuant to Section 910.2(a) of the Pennsylvania Municipalities Planning Code, the board may grant a variance if all of the following relevant factors are established:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
One of the biggest hurdles for property owners is proving that there is an “unnecessary hardship” impacting their property. The hardship must be directly tied to the unique physical circumstances or conditions of the property (e.g., size, shape, location, topography, etc.) and cannot be justified by economic burden or financial loss. While a hardship inquiry looks principally to the physical characteristics of the property that is the subject of the variance request, a 2022 Commonwealth Court decision, Canivan v. Honesdale Borough Zoning Board, illustrates how changes in the use of the property and physical conditions external to the property can also contribute to a legally cognizable hardship.Continue Reading Zoning Variances: How a “Hardship” May Evolve Over Time
In recent months, several media outlets have reported on potential redevelopment concepts and initiatives for the Colonial Park Mall site in Lower Paxton Township and the Harrisburg Mall site in Swatara Township, both located in Dauphin County, PA.
As mentioned before in this blog, large, older enclosed shopping malls that include vast expanses of underutilized parking spaces have been declining for the past several decades. In fact, several hundred of these shopping malls have permanently closed, while several hundred more continue to struggle to stay viable and relevant. Some of the factors contributing to these declines and closures include: (i) inconvenient, inefficient, and outdated format and layout; (ii) costs of maintaining or retrofitting large, unique single-purpose buildings nearing or exceeding their functional life expectancies; (iii) rise of online retailing and e-commerce; (iv) social and economic impacts of COVID-19; (v) vacant tenant spaces; and (vi) lack of foot-traffic. Continue Reading Municipalities Help to Breathe New Life into Vacant or Underutilized Shopping Mall Sites
Electric vehicles (EV) have an increasingly important role in Pennsylvania’s transportation network. In 2022, there were over 42,000 EVs registered in the Commonwealth, almost double the roughly 23,000 that were registered in 2021. This increase in EVs corresponds to a greater need for charging stations, which in turn can impact a community’s land use goals and objectives.
While Pennsylvania’s Municipalities Planning Code (MPC) contains several provisions relating to vehicle parking facilities, it does not contain specific provisions relating to EV parking or EV charging stations. Nevertheless, the MPC affords municipalities a good deal of discretion and flexibility in enacting zoning ordinances, and municipalities may benefit from adopting EV-specific regulations.Continue Reading Electric Vehicles Prompt Municipalities to Revisit their Zoning Ordinances
With football season behind us, March arrives with bracket talk and the discussion of college basketball teams you have never heard of. Some of us spend hours researching or contacting that old college buddy to help fill our brackets, while others choose teams based on names or colors. No matter your strategy, March Madness and the brackets are here!Continue Reading Top 5 Ways to Encourage Controlled and Collaborative Development: Providing for Clearly Defined Processes (Part II of V)
Commonwealth and local officials recently announced that a new farm will soon begin operating in Northeastern Pennsylvania. A farming operation may not seem like front page news given Pennsylvania’s long and rich agricultural heritage, or the fact that Pennsylvania has been one of the nation’s leading agricultural production states, including tops in the number and acreage of permanently preserved farms. But what makes this particular farm newsworthy is its departure from well-known, century-old farming techniques: this farm is a technology-based, indoor vertical farming operation located within an industrial business park that is in close proximity to an interstate highway.Continue Reading Vertical Farming on the (Vertical) Horizon?
The affordability of housing in America is a well-documented growing issue. Some public officials have declared it a crisis. The recent spike in mortgage rates certainly will not improve the situation. Public officials and developers have been searching for policies and real world opportunities to provide more affordable housing, but there are no easy solutions. A recent article by Mike Bebernes on Yahoo! News looked at whether America’s growing vacant office space can be redeveloped to provide for more affordable housing options.
Continue Reading Is Part of the Solution to the Housing Problem Already Built?