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Zoning & Land Use

Property owners who need to navigate the laws of land use and zoning can use the assistance of experienced attorneys who are familiar with land development needs, from subdividing parcels, to navigating the municipal approval process, to challenging decisions by municipal bodies in court where necessary.

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Property owners who need to navigate the laws of land use and zoning can use the assistance of experienced attorneys who are familiar with land development needs, from subdividing parcels, to navigating the municipal approval process, to challenging decisions by municipal bodies in court where necessary. Whether a commercial or residential property owner, the first step is to ascertain what zoning and other municipal approvals are needed for a project. The attorneys of Tucker Arensberg, P.C. interpret and explain the maze of state and local regulations, statutes and ordinances relating to land use and pinpoint potential legal hurdles of a project.  If a property needs to be subdivided for development purposes, the firm can do so with ease. Tucker Arensberg’s attorneys represent clients:

  • Through all stages of the municipal approval process
  • Prosecute numerous successful site plan applications for commercial and residential developments.
  • Obtain zoning approval for projects from municipal zoning hearing boards, planning commissions and elected municipal councils.
  • Obtain variances, special exceptions, or conditional use approvals.
  • Handle issues relating to the use of a property or its dimensions.

In appropriate cases, the firm will press a landowner’s claims in the courts, both at the trial and appellate level.  In the courts, the firm’s lawyers handle a wide array of land use matters, from challenges to the constitutionality of zoning regulations, to requesting courts to uphold or overturn decisions by zoning hearing boards or other bodies. The firm’s lawyers are well-versed in the law surrounding properties in areas of special designation, such as historic review districts.  Tucker Arensberg’s zoning and land use team can explain and interpret the restrictions and when appropriate, challenge these restrictions before the municipality or the courts.

Representative Experience:

  • Successful defense of a zoning appeal before the Pennsylvania Commonwealth Court, upholding variances and conditional use approval granted by a municipality for development of a multi-million-dollar fitness center.
  • Assisted bars, restaurants, and breweries in obtaining zoning and land development approvals.
  • Assisted client in drafting amended zoning ordinance.
  • Assisted client in opposing a variance filed by a neighboring property owner.
  • A client sought to construct a medical office building but was unable to meet zoning requirements. We worked with the developer, the municipality and the community and presented the project in a non-threatening way thereby obtaining the approval with virtually no opposition.
  • Representation of a prominent non-profit corporation in its expansion of its operation in downtown Pittsburgh. The client sought to consolidate its business operations from two separate locations into single use building. The client required the Pittsburgh City Council to enact an amendment to the Zoning Ordinance which would meet the client’s needs. The client now owns and operates their programs in their own 8 story building.
  • Represented real estate developer in a successful application for a zoning dimensional variance to build a 9,000 square foot grocery store for a national retailer. This representation included negotiating a settlement agreement with neighboring objectors.
  • Represented commercial warehouse developer in the drafting and negotiation of multi-year option and purchase agreements for the rezoning and redevelopment of farm and residential properties into large warehousing complexes.
  • Development of curative land use amendments and litigation of land use approvals and zoning variances
  • Development of zoning and other land use ordinances, and counseling municipalities on zoning approvals.

Serving our clients successfully since 1900

The same attributes that have anchored over a century of success are still our guiding principles today.

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