Wednesday, April 4, 2007

oh zoning.

i'm fascinated by this city's zoning system. i am still admittedly learning, but the issues and politics of how developments and such are decided just fascinate me. it's admirable how community associations protect their neighborhoods through the zoning process, yet the state seems to be stripping away that power, which is ... um... about 75% of what these organizations do! they live, breath and poo zoning.

the commonwealth court, today, upheld a court of common pleas interpretation of the home rule charter, which states that "aggrieved persons" can appeal zba decisions, but that the terms does not include community associations. if they aren't able to appeal, they lose their clout in the zba meetings too. i don't think a community association has been turned away from an appeal involving building development yet -- just billboards -- and i think community associations are still being listened to in zba hearings, but that could soon end if the language isn't changed back to all tax payers.

this applies to the individual, too. if you live down the street or around a corner from a building about to be tore down for a hotel or casino (oh, sore spot) then you could legitimately be denied standing in an appeal because you aren't a direct neighbor. could be, it's not definite, but still, we all had the right to appeal just three years back, before this legislation was snuck in under the radar, as mary tracy, scrub's exec director, points out. scrub was one of the organizations denied standing.

even i admit and see that community associations and neighbors can be ridiculously unfair when it comes to appealing and fighting zoning and developing, but that doesn't mean the control should be stripped. i mean, in the case that was just decided today, it was already an illegal billboard -- so if that neighbor had work that day and hadn't fought at the appeal, the illegal billboard would have remained? is that ok?

zoning gets me fired up. as it does others.

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