Every time my daughter gets to choose the show we watch on television she picks some variation of a show where prospective buyers are searching for a tiny house.  The programming on HGTV includes shows like Tiny House Living, Tiny House Hunters, and Tiny House Builders.  This programming, which seems to run constantly, is reflective of the wave of new consumer interest in bucking the American tradition of “bigger is better.”

The tiny house phenomenon makes sense for the consumer.  The initial investment is much smaller than what is needed for a typical single-family detached home, which is particularly appealing to new college graduates with high student debt and retirees on a fixed income.  Moreover, the ongoing costs of maintaining the tiny home are comparatively lower as well.  The tiny house options also create a much smaller carbon footprint, which is appealing to environmentally-conscious consumers.  Therefore, the interest in tiny houses likely will continue to grow at a rapid pace.

But like most new housing trends, the consumer interest is ahead of the land use regulations and municipalities are playing catch up. Continue Reading Tiny Houses – Growing Fast

Most of us have heard the “Big Yellow Taxi” song that includes the memorable line “they paved paradise and put up a parking lot.”  But what if that paradise is not completely lost and communities started reclaiming their paradise by taking a different approach to their parking regulations?  This is the first in a three-post series discussing the current approach to parking regulations and solutions communities, especially urban communities, should consider to “right-size” their parking requirements to reflect a more sustainable approach.

Richard Florida, a well-respected expert in urban studies, recently posted an interesting article entitled Parking Has Eaten American Cities.  In his post, Florida discusses a recent study by Eric Scharnhorst of the Research Institute for Housing America confirming the findings of previous studies “that American cities devote far too much space and far too many resources to parking.”  Continue Reading Reclaiming “Paradise”: One Parking Space at a Time (Part 1 of 3)

Meeting deadlines is something we all strive for. Whether you’re handing in a project at work, or meeting someone for coffee, making yourself aware of the time is something we do every day. And failure to meet such deadlines creates the potential for undesirable consequences. The same is true for municipalities and developers, as failure by either party to familiarize themselves with the time-restraints imposed by the Pennsylvania Municipalities Planning Code (the “MPC”) for zoning hearings can create major headaches. This post is the second post of a four-part series (Post 1Post 3, Post 4 to come) and follows our review, in Post 1, of the notice requirements that a board must follow prior to a zoning hearing.  This post explores two important deadlines to which a board must adhere.

Under Section 908(1.2) of the MPC, the initial hearing before a board must commence within 60 days from the date the board receives the application, unless the applicant agrees in writing to an extension of time. If the board fails to meet this requirement, one of two things can happen. Continue Reading Tick Tock – You’re On the Clock: Navigating Time-Restraints for Zoning Hearings

Wireless service providers, such as Verizon Wireless and AT&T, are continually upgrading their networks given the ubiquitous nature of smart phones and the incredible growth of mobile data traffic.  One technology that is being deployed to address this exponential growth and the resulting demand for additional network capacity is distributed antenna system (DAS) networks.  A DAS network is a network of antenna nodes that are deployed to provide wireless coverage to indoor (e.g., arenas, airports, etc.) or outdoor areas.  Some DAS networks are installed by companies that are not wireless service providers and are referred to as neutral host DAS networks since they provide the infrastructure (e.g., antenna nodes, fiber lines, etc.) that carries the wireless traffic of the wireless service providers.

In Pennsylvania, the Public Utility Commission (“PUC”) had recognized neutral host DAS network operators as public utilities and issued certificates of public convenience to the operators since 2005.  Continue Reading Are Distributed Antenna Networks Public Utilities? The Commonwealth Court Weighs In

A recent Pennsylvania Commonwealth Court case sought to explain (and possibly expand?) the scope of standing in zoning matters and land use appeals.  To enjoy standing in a land use appeal, it is well-established that a person or party must have a “substantial, direct and immediate interest” in the outcome of the matter.  Frequently, such an interest is established by demonstrating that the objector lives near the property that is the subject of the appeal.  In nearly all cases, someone living directly adjacent to a project site has standing; but how far does the scope of standing extend?   Continue Reading Can Seagulls Establish An Objector’s Standing? The PA Commonwealth Court Weighs In…

In all facets of life, simple mistakes or a lack of understanding can lead to unwanted results. In the world of land use, such unwanted consequences can occur when required notice procedures for zoning hearings are not strictly followed. This blog post, the first of a four-post series reviewing the Pennsylvania Municipalities Planning Code’s (the “MPC”) zoning hearing requirements, reviews both the public notice and written notice requirements that zoning hearing boards (the “Board”) must follow prior to the first hearing.  The three other posts, in which we discuss hearing timing requirements and the rules of the hearing, itself, are available here: Post 2, Post 3, and Post 4 to come.

Under Section 908(1) of the MPC, a Board must give “public notice” of the hearing. “Public notice” is defined in the MPC as “notice published once each week for two successive weeks in a newspaper of general circulation in the municipality.” The Pennsylvania Commonwealth Court interpreted “successive weeks” to be Continue Reading An Important Notice – Regarding Notice

Zoning is, at its core, the municipal regulation of the use of land.  Today, a municipality regulates the use of land by implementing a zoning ordinance.  However, as far back as the 18th century, land use regulations were enacted in Pennsylvania.  Early land use regulations in Pennsylvania and elsewhere were generally concerned with preventing the spread of fires.  For example, an act was adopted in the 1700s that prohibited baking and barrel making except in shops or places built of masonry.  After the Revolutionary War, a law was adopted that prohibited storing more than 30 pounds of gunpowder within two miles of Philadelphia.  The concept of setbacks (i.e., the required distance between a structure and a property line) was implemented to provide for adequate distances between buildings to prevent the spread of fires.

Lower Merion Township was the first municipality in Pennsylvania to adopt a zoning ordinance. Continue Reading A Brief History of Zoning in Pennsylvania