601, 602, 604

• The governing body of each municipality may enact, amend, and repeal zoning ordinances to implement comprehensive plans and serve purposes of the MPC
• County zoning powers are limited to municipalities that have no zoning ordinance in effect
• If a municipality enacts a zoning ordinance, the county’s zoning ordinance is repealed in that municipality
• Zoning provisions shall be designed to protect public health, safety, and welfare; promote coordinated development; provide adequate transportation, community facilities, recreation, and schools; preserve natural, historic, and agricultural resources; prevent blight, traffic congestion, and damage from fire, flood, and other dangers; provide for all types of housing; and accommodate reasonable growth

603, 613, 619.1

• Zoning ordinances may regulate:
• Use of land
• Size, height, bulk, and construction of structures and areas of land occupied by uses and structures
• Density of population and intensity of use
• Zoning ordinances may contain provisions for:
• Variances, special exceptions, and conditional uses
• Administration and enforcement
• Transferable development rights as further provided for in Section 619.1
• Promoting innovation and flexibility in development
• Regulating design and density of development to assure availability of adequate water supplies
• Promoting agricultural security areas
• Registration by the zoning officer of nonconforming uses, structures, and lots
• Zoning ordinances shall:
• Protect prime agricultural land
• Protect natural and historic resources and features
• Encourage development and vitality of agricultural operations
• Provide for reasonable development of minerals

603, 619, 621

• Zoning ordinances may not:
• Unduly restrict the display of religious symbols
• Unreasonably restrict forestry activities
• Restrict agricultural operations where agriculture has traditionally been present unless an ag operation will adversely affect public health and safety
• Zoning ordinances may not regulate matters preempted by state or federal laws, and may not have regulations exceeding those of certain laws, particularly regarding minerals and agriculture, identified in 603(b) and 603(h)
• Public utility buildings are generally exempt from zoning
• A methadone treatment facility may not locate within 500 feet of a school, park, residential area, child-care facility, or church – details in Section 621

605, 603(f), 603(l)

• Zoning ordinances may establish different districts containing different classifications of uses and structures
• Districts shall be described on a map in the ordinance
• Provisions for each class of uses or structures shall be uniform within each district, except for transitions between districts; regulation of nonconformities; and regulation on or near transportation facilities, physical features, historic places, or places of special character
• Forestry must be a permitted use by right in all districts
• No-impact home-based business must be a permitted use by right in all residential districts
• No part of a municipality shall be left unzoned; this provision does not apply to counties

603(j), 606, 608.1

• Zoning ordinances must be generally consistent with the municipal or multi-municipal and county comprehensive plans
• Zoning ordinances should reflect the municipality’s community development objectives either as included in the comprehensive plan or in a separate statement
• A municipal authority, water company, or other municipality must give notice by certified mail of intention to expand water or sewer service to give the municipality an opportunity to comment on consistency with the zoning ordinance – details in 608.1

607, 608, 610

• Ordinance text and map shall be prepared by the planning agency upon request of the governing body
• Planning agency shall hold at least one public meeting pursuant to public notice
• Upon completion, planning agency shall present the proposed ordinance to the governing body
• The governing body shall hold a public hearing pursuant to public notice and, at least 45 days before the public hearing, submit the proposed ordinance to the county planning agency for recommendations
• Notice of proposed enactment, plus text of the ordinance or a summary prepared by the solicitor, must be published and the ordinance made available to the public as specified in Section 610
• If the proposed ordinance is substantially changed, a summary of provisions and changes must be published at least 10 days prior to enactment
• The governing body’s vote on enactment shall be within 90 days after the last public hearing
• Within 30 days after enactment, copy of the ordinance must be submitted to the county planning agency

609

• Governing body shall hold a public hearing pursuant to public notice and, at least 30 days before the hearing, submit the amendment to the planning agency (if it did not prepare the amendment) and to the county planning agency for recommendations
• If a zoning map change, the previous notice must be posted along the property in question and mailed at least 30 days before the hearing to area property owners
• Notice of proposed enactment, plus text of the amendment or a summary prepared by the solicitor, must be published and the amendment made available to the public as specified in Section 610
• If the amendment is substantially changed, a summary of provisions and changes must be published at least 10 days prior to enactment and the governing body must hold another public hearing pursuant to public notice
• Within 30 days after enactment, copy of the amendment must be submitted to the county planning agency

609.1, 609.2

• Landowner curative amendment:
• A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map may submit in writing a curative amendment
• The governing body shall consider the curative amendment in accord with procedures specified in Section 609.1 and other sections referenced therein
• The governing body may accept the curative amendment, with or without revision, or may adopt an alternative amendment to cure the defect(s)
• Municipal curative amendment:
• If a municipality determines its zoning ordinance is substantively invalid, it shall declare such invalidity and prepare and enact a curative amendment in accord with procedures specified in Section 609.2
• Upon initiation of a municipal curative amendment, the municipality is not required to entertain any landowner curative amendment
• After enactment, a municipality may not again use these procedures for 36 months (there are exceptions)

614, 617.3

• A zoning officer, meeting qualifications demonstrating a working knowledge of zoning and not holding any municipal elective office, shall be appointed to administer the ordinance in accord with its literal terms
• The governing may appropriate funds to prepare a zoning ordinance and shall appropriate funds for administration and enforcement of the ordinance, including operations and costs of a zoning hearing board
• The governing body may prescribe reasonable fees for administration of the zoning ordinance in accord with allowances and restrictions specified in 617.3(e)

616.1, 617, 617.1, 617.2

• Upon appearance of a zoning ordinance violation, the municipality shall send to the property owner and select others an enforcement notice specifying the violation, dates to commence and achieve compliance, and right to appeal to the zoning hearing board – details in 616.1
• The municipality or property owner or tenant affected by a zoning violation may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the act or conduct constituting a violation; a landowner or tenant must serve notice of said action on the municipality at least 30 days prior to the time the action is begun
• The municipality may commence a civil enforcement proceeding against any person, partnership, or corporation for violation of the zoning ordinance
• If found liable, the violator shall pay a judgment of not more than $500 plus court costs and municipal attorney fees
• Failure to pay or appeal the judgment entitles the municipality to further enforcement proceedings specified in Section 617.2
• District justices have initial jurisdiction in enforcement proceedings

619.2

• When a county has properly adopted a comprehensive plan and any municipalities have properly adopted comprehensive plans and zoning ordinances, state agencies shall consider and may rely upon said plans and ordinances in reviewing funding applications or permitting infrastructure or facilities
• The Center for Local Government Services shall help coordinate state agency program resources with local planning and zoning and, upon request, shall help municipalities identify impacts of state agency decisions on local planning and zoning
• When municipalities adopt a joint municipal zoning ordinance, state agencies shall consider and may rely upon said ordinance for the funding or permitting of infrastructure or facilities, and municipalities may, by agreement, share tax revenues and fees